NEW INDIA ASSURANCE COMPANY LTD Vs. JAREENA ANSARI
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
NEW INDIA ASSURANCE COMPANY LTD
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(1.) Heard Mr. M.K. Goyal, Advocate, for appellant and Mr. M.C. Kandpal, Sr. Advocate assisted by Mr. S.S. Chaudhary, Advocate for respondents. This appeal is directed against the judgment and order dated 2.8.2007 passed by Workmen's Compensation Commissioner/Assistant Labour Commissioner Kumaun Region, District Nainital in W.C.A. No. 36 of 2005 Smt. Jareena Ansari v. Mohd. Matloob and others.
(2.) This appeal was got admitted on the following substantial question of law:--
(i) Whether under Workmen's Compensation Act, 1923 Insurance Company can be held liable to indemnify (compensate) the legal heirs of the deceased who was not the employee of the insured?
(ii) Whether under Workmen's Compensation Act, 1923 Insurance Company can be held liable to indemnify the legal heirs of the deceased who is the employee of the person, who is neither the insured nor the registered owner of the vehicle involved in accident?
(3.) The sole question which is to be decided in this appeal is whether without transfer of policy in the name of subsequent owner of the vehicle the Insurance Company is liable to indemnify the compensation in case of an employee, i.e., the driver in the case at hand.;
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