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2020 Supreme(All) 888

VIVEK KUMAR BIRLA
National Insurance Company Ltd. – Appellant
Versus
Seema Devi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Komal Mehrotra

JUDGMENT :

1. Heard learned counsel for the appellant.

2. Present appeal has been filed challenging the award dated 16.7.2020 passed by Commissioner/Deputy Labour Commissioner, Gorakhpur in E.C. Case No. 79 of 2015.

3. Challenging the impugned award submission is that in view of the provision of Section 21 (1) (b) of the Employee's Compensation Act, 1923 (hereinafter referred to as the Act) learned Commissioner at Gorakhpur did not have the jurisdiction to decide claim petition inasmuch as the claimants are resident of district Siwan and the accident had also taken place in district Siwan. The vehicle was also insured by the branch office of the appellant-Company at district Siwan in the State of Bihar. It was further submitted that even in her statement the claimant no. 1 had stated that she has come from district Siwan and therefore, the claimants are not resident of Gorakhpur. Submission, therefore, is that the amendment is totally without jurisdiction.

4. It was further submitted that no notice under Section 10 of the Act was given to the Insurance Company and as such the claim petition was not maintainable. He has drawn attention to the substantial questions of law framed in the p

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