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1992 Supreme(P&H) 90

HARJIT SINGH BEDI
Swaran Kaur – Appellant
Versus
Union Of India Through Its Secretary Ministry Of External Affairs, Labour Wing, Government Of India – Respondent


Judgment

Harjit Singh Bedi, J.

1. Karam Singh who was employed as a driver by respondent No. 2 the Indian Road Constructions Corporation, Limited with Headquarter at New Delhi, died on August 16,1985 in an accident suffered by him in Libya on August 10, 1985 in the course of his duties. The present writ petition has been filed by his widow Swaran Kaur praying that the respondents be directed to settle the claim for compensation which was to be paid on account of the death of her husband. It is the admitted case before me that respondent No. 2 is a wholly Central Government owned Company and is therefore being an instrumentality of the State is amenable to the writ jurisdiction of this Court under Article 226 of the Constitution of India.

2. A reply has been filed, through post on behalf of respondent No. 2 in which the liability to pay has been obliquely admitted but an effort has been made to palm of the Liability to respondent No. 4, the Insurance Company. Respondent No. 4 in its reply while denying the territorial jurisdiction of this Court has stated that the policy of Insurance Annexure R-l was not in existence on the day the accident took place and in any case the policy being

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