- (1.)Granted.
(2.)This appeal has been preferred by the appellant, owner of the vehicle, against the judgment dated 20.6.2011 passed by the High Court at Calcutta in F.M.A. No. 364 of 2007, titled Arjun Ray v. Mahendra Rai, whereby the High Court, while setting aside the order of Commissioner for Workmen's Compensation, West Bengal at Calcutta, has dismissed the said F.M.A. No. 364 of 2007.
(3.)Main grievance of the appellant owner is that the High Court without discussing the merit of the case held as follows and remanded the matter for adjudication:
"... Since we have held that the insurance company at the first instance has no liability to meet the award of compensation, we would set aside all the chain of awards that have carved the fortune of these appeals wherein the insurance companies were made liable to pay.

...In view of the fact that the very maintainability of the orders passed by the Commissioners has been scuttled by us on account of the fact that direction upon insurance company to meet the compensation was not correct; automatically, the orders under appeal would have no force and are required to be set aside after being sent on remand. Necessarily, we will not enter into other ancillary points which have been canvassed at the Bar on the question of date of payment of interest, liability of meeting penalty which remains for adjudication after the matter is sent on remand..."