UNITED INDIA INSURANCE COMPANY LIMITED Vs. NARINDER KOUR AND OTHERS
LAWS(J&K)-2020-8-11
HIGH COURT OF JAMMU AND KASHMIR
Decided on August 21,2020

UNITED INDIA INSURANCE COMPANY LIMITED Appellant
VERSUS
Narinder Kour And Others Respondents




JUDGEMENT

Sanjeev Kumar, J. - (1.)This appeal by the United India Insurance Company Limited (hereinafter referred to as "the insurer?) filed under Section 30 of the Employees Compensation Act, 1923 (for short "the Act") is directed against award dated 15th January, 2018 passed by the Commissioner under the Employees Compensation Act, 1923 (Assistant Labour Commissioner, Jammu), whereby the claim petition filed by respondent Nos. 1 to 3 (hereinafter referred to as "the claimants") has been allowed and a sum of Rs.6,77,760/- along with interest to the tune of Rs.1,82,142/- has been awarded to the claimants.
(2.)The appellant in its memo of appeal has proposed many substantial questions of law, however, after going through the facts of the case and the nature of controversy raised in the appeal, I am of the view that following substantial questions of law arise for determination in this appeal:-
i) Whether in the absence of any evidence regarding stress and strain and in the absence of causal connection between death and his employment, the Commissioner could have fixed the liability upon the employer and directed the insurer to pay the compensation in indemnification of the insured?

ii) Whether the death of the deceased, in light of the evidence on record, can be said to have taken place due to the accident occurred during and in the course of his employment?

(3.)The claimants have also filed their cross objections, the maintainability whereof has been vehemently opposed by the appellant-insurer. In view of the objection taken by the appellant to the maintainability of the cross-objections, I am of the view that following question too is a substantial question of law, which would require determination in this appeal and cross-objections:-
iii) Whether cross objections by the respondents in an appeal filed under Section 30 of the Act are maintainable?

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