J.J.Munir,J. - (1.) Heard Sri M.K. Maurya, holding brief of Sri Nishant Mehrotra, learned counsel for the petitioner and Sri J.P. Maurya, holding brief of Sri Satya Prakash Maurya, learned counsel appearing for respondent No.3.
(2.) This petition has been filed by the Insurance Company that had insured Truck No.HR-33-E-0626 owned by the respondent No.3-Ranjor Singh. The husband of the second respondent was a driver, who met with a fatal accident during the course of employment on 2.1.2012. A claim was laid before the Workman's Compensation Commissioner, who passed an award dated 28.2.2013 against the owner alone and exempted the Insurance Company of liability to pay the sum of Rs.5,55,083/-, along with interest, in the event of payment being delayed beyond 30 days of the award.
(3.) The owner challenged the said award before this Court in Writ C-No.38951 of 2013 wherein the following interim order was passed: "Learned Standing Counsel has accepted notice on behalf of respondent No.1. Issue notice to respondent Nos.2 and 3 by both modes returnable by the next date. Steps to be taken within a week. All may file counter affidavit by then. List in the week commencing 16th of September 2013. Apart from other arguments, it is urged that the deceased driver held a valid license and the vehicle was fully insured and registered and, therefore, the Authority under the Employees Compensation Act, 1923 erred in directing the petitioner owner to pay the amount of compensation without considering the liability of the Insurance Company. Accordingly, the operation of the order dated 28.2.2013 passed by the respondent No.1 shall remain stayed, so far as the petitioner is concerned. The Authority and the claimant would be at liberty to recover the amount from the Insurance Company.";