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2025 DAILYLAW 133576 (PNJ)

THE ORIENTAL INSURANCE CO. v. SANDEEP KUMAR AND ORS

FAO/1323/1996 · 2025-10-28

Pankaj Jain

body2025

Judgment text

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[223] The Orienta Sandeep Ku Coram : Present: PANKAJ J [1] IN THE HIGH COURT OF PU AT CHANDIGAR FAO-1323 Date of De Oriental Insurance Company Versus eep Kumar and others HON’BLE MR. JUSTICE PA Mr. Sanjiv Pabbi, Advocate for the appellant. Mr. U.K. Agnihotri, Advocate Mr. A.K. Agnihotri, Advocat for the respondents. **** KAJ JAIN, J. (ORAL) On 21.03.2018, the following “ The insurance company award dated 06.03.1996 passed Workmen's Compensation Ac Rs.90,000/- odd for the death of The primary contention appellant is that the deceased w led no evidence to prove his emp limited consensus has been arriv The matter has been rem and since the name of the Workm been changed to the Employee short the 'Act') it has also been a back to the Commissioner under OF PUNJAB AND HARYANA IGARH 1323-1996 (O&M) of Decision : 28.10.2025 …Appellant ….Respondents PANKAJ JAIN cate vocate with vocate owing order was passed:- any has filed this appeal against the ssed by the Commissioner under the Act, 1923 awarding a sum of h of Arun Kumar. tion of the learned counsel for the sed was the son of the insured and had s employment. During the arguments a rrived at. remanded back for a fresh decision orkmen's Compensation Act, 1923 has oyees' Compensation Act, 1923 (for een agreed that the matter be referred nder the latter Act at Ambala. the the of the had ts a sion has (for rred RAJNEESH SHARMA 2025.10.29 18:01 I attest to the accuracy and integrity of this document FAO-1323-1996 (O&M) -2- The Commissioner is directed to submit his report to this Court. He is directed to give two effective opportunities to respondents No.1 & 2-claimants to lead evidence with regard to employment and would thereafter, grant two effective opportunities to the appellant-Insurance Company to lead evidence. Parties through counsel are directed to appear before the Commissioner, Employees' Compensation Ambala on 24.04.2018 and he will send his report before the next date of hearing i.e. 28.11.2018. The Registry is directed to send the record, if any, to the Commissioner, Ambala.” [2] Pursuant thereto, report has been received. As per the same, the claim petition stands withdrawn. [3] In view thereof, no further orders are required to be passed. However, the amount deposited by the appellant as a pre-condition to maintain the present appeal is ordered to be refunded to the appellant. [4] Disposed off. [5] All pending miscellaneous application(s), if any, stands disposed off. (PANKAJ JAIN) JUDGE 28.10.2025 ‘R. Sharma' Whether speaking/ reasoned : Yes/No Whether reportable : Yes/No RAJNEESH SHARMA 2025.10.29 18:01 I attest to the accuracy and integrity of this document