UNITED INDIA INSURANCE CO. LTD. Vs. HEEMALA BEGUM
LAWS(J&K)-2020-3-43
HIGH COURT OF JAMMU AND KASHMIR
Decided on March 18,2020

UNITED INDIA INSURANCE CO. LTD. Appellant
VERSUS
Heemala Begum Respondents

JUDGEMENT

Sindhu Sharma,J. - (1.)Petitioner filed this petition seeking setting aside the order dated 30.07.2019 passed by the Assistant Labour Commissioner, Doda in file No. 27-D titled Heemala Begum and ors. vs. DM United India Insurance Co.Ltd. and anr.
(2.)Learned counsel for the petitioner submits that the petitioner has moved an application before the learned Commissioner Employees Compensation Act, (Assistant Labour Commissioner), Doda for exonerating the Insurance Company for paying any kind of compensation to respondent Nos. 1 to 3. Since the Insurance Company had entered into legal contract between with respondent No. 2 namely V. K. Gupta and Associates i.e., respondent No. 4 herein and according to the terms and conditions, there is no privity of contract between the petitioner/Insurance Company and the deceased/workman.
(3.)Further the petitioner/Insurance Company under the terms and conditions of the contract, was not under contractual obligation to pay compensation to the legal heirs of the deceased directly. It is also submitted that the Assistant Labour Commissioner, Doda has passed a non-speaking as well as non-reasoned order dated 30.07.2019 whereby the application was dismissed without considering the provisions of the policy.
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