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2022 Supreme(Online)(DEL) 5088

HIGH COURT OF DELHI
C.HARI SHANKAR, J
FAIM @ FAHIM – Appellant
Versus
COMMISSIONER EMPLOYEES COMPENSATION – Respondent


Advocates:
For the Appellants/Petitioners: Mr. R. K. Nain
For the Respondents: Mr. Satyakam, ASC, Mr. Garvit Beywait, Mr. Ravi Bhushan, Mr. Rachit Biggha

Table of Content
1. overview of the claim and jurisdiction issue. (Para 1 , 2 , 3)
2. discussion on the legal reasoning regarding territorial jurisdiction. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10)
3. court's decision to allow the appeal. (Para 11 , 12 , 13)

HON'BLE MR. JUSTICE C.HARI SHANKAR JUDGMENT(ORAL)

% 11.11.2022

1. This petition under Article 227 of the Constitution of India assails an order dated 8th December 2020, passed by the learned Commissioner, Employee’s Compensation, District North-West, Ashok Vihar, Delhi, on a claim preferred by the petitioner, as the claimant, under Section 22 of the Employee’s Compensation Act, 1923 (“the EC Act”).

2. The petitioner, a resident of Village Garh, District Haridwar, Uttarakhand, was employed with Respondent 2 Shakil, also a resident of Village Badheri Rajputana, District Haridwar, Uttarakhand, as a cleaner on his vehicle No. UK-08CA-9577, which was duly insured with the Universal Sompo General Insurance Company Ltd. (Respondent 3 herein and referred to hereinafter as “USGIC”). While on the road, in connection with a commercial operation, the vehicle met with an accident on 16th October 2019 in District Haridwar, during the course of which the

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