REGIONAL DIRECTOR EMPLOYEES STATE INSURANCE CORPORATION NEW DELHI Vs. DYER MEAKIN BREWERIES LTD
HIGH COURT OF PUNJAB AND HARYANA
REGIONAL DIRECTOR EMPLOYEES STATE INSURANCE CORPORATION NEW DELHI
DYER MEAKIN BREWERIES LTD
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(1.) THE Employees State Insurance Corporation (hereinafter called the Corporation) through its regional Director has filed this appeal under Section 82 (2) against the order of the Employees insurance Court established under the Employees State Insurance Act, 1948 (hereinafter called the Act) whereby the Corporation's application claiming indemnity from the Dyer Meakin breweries Ltd-, under Section 67 of the Act has been dismissed.
(2.) SURRENDER Singh was employed with the Ambala Electric Supply Co. Ltd. He was insured under the Act with the Corporation with effect from 17-5-1953. This insured employee while proceeding on duty on 20-12-1953 was knocked down by a truck belonging to the Dyer Meakin breweries. At that time it was driven by the Company's employee. As a result of this accident surrinder Singh died. The Employees Insurance Court ordered the Corporation to pay annas-/10/- per day to the dependants of the deceased. The Corporation filed an application under Section 67 of the Act claiming Rs. 1,366/- from the brewery on the ground that the fatal accident took place in such circumstances that created a legal liability in the respondents to pay damages. The respondents inter alia pleaded that assuming that it was legally liable to pay damages to the dependants of the deceased, the corporation was not entitled to claim to be indemnified. The Insurance Court has accepted this plea and has rejected the Corporation's claim. The Corporation has filed the present appeal to this Court.
(3.) THE Insurance Court has come to the conclusion that when an insured person dies in an accident then Section 67 has no application as it cannot be said that he as an insured person is entitled to receive or recover damages under any law from the respondents. The Insurance Court has dealt with various sections of the Act in coming to this conclusion. The correctness and soundness of this conclusion is challenged by the Corporation. To appreciate the arguments of either party it is necessary to describe the general scheme of the Act.;
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