Delhi High Court - Orders
New India Assurance Co. Ltd vs Furkan @ Mohd. Furkan & Anr on 30 November, 2022
Author: Manoj Kumar Ohri
Bench: Manoj Kumar Ohri
$~50
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO 305/2022
NEW INDIA ASSURANCE CO. LTD ..... Appellant
Through: Mr. Salil Paul and Mr. Sahil Paul,
Advocates.
versus
FURKAN @ MOHD. FURKAN & ANR. ..... Respondents
Through: None.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
ORDER
% 30.11.2022
CM APPL. 51552/2022
1. Allowed, subject to all just exception.
2. Application is disposed of.
FAO 305/2022, CM APPL. 51553/2022, CM APPL. 51551/2022
1. By way of present appeal filed under Section 30 of the Employees Compensation Act, 1923, the appellant/Insurance Company has assailed the order dated 03.08.2022 passed by the Commissioner, Employees' Compensation Act in Application No. WCI/192/NW/2017/170 titled Furkan @ Mohd. Furkan v. Ahsan Elahi.
2. Learned counsel for the appellant submits that though the concerned doctor has assessed the claimant/respondent No.1 to be 38 % permanently disabled, the learned Commissioner has held it to be a case of 100% loss of earning capacity. He further submits that the compensation amount awarded Digitally Signed under the impugned order dated 03.08.2022 has already been deposited. By:SANGEETA ANAND Signing Date:01.12.2022 15:27:46
3. On appellant taking steps, notice be issued to the respondents through all permissible modes, returnable on 11.05.2023.
4. In the meantime, digitised copy of the Tribunal records be requisitioned and made available to this Court before the next date of hearing.
5. The Commissioner shall release 50% of the amount so awarded within two weeks from today. The remaining compensation amount of the Award shall be kept in Auto Renewal FDR, which shall be subject to the outcome of the present appeal.
6. The Registry shall transmit the order passed today to the concerned Commissioner.
MANOJ KUMAR OHRI, J NOVEMBER 30, 2022 ga Digitally Signed By:SANGEETA ANAND Signing Date:01.12.2022 15:27:46