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