Office Notes,

reports, orders or

proceedings or

No. Date COURT’S OR JUDGES’S ORDERS

directions and

Registrar’s order

with Signatures

AO No. 153 of 2025

Hon’ble Alok Mahra, J.

Mr. D.C.S. Rawat, learned counsel for

the appellant.

2. Mr. Vinod Joshi, learned counsel, holding brief of Ms. Neetu Singh, learned counsel for

respondent nos. 1 to 4.

3. Mr. Rahul Adhikari, learned counsel for

respondent no. 6.

4. Mr. Mohd. Umar, learned counsel for

respondent no. 7.

5. This Appeal from order has been filed by the appellant challenging the judgment and award dated 25.02.2025 passed by learned Employees Compensation Commissioner, Haldwani, District Nainital in ECA/Misc. Claim Case No. 12 of 2020, Smt. Deepa Devi and

Others Vs. Deepak Kumar Singh and Others.

6. The brief facts of the case are as

follows:-

That Employees Compensation Commissioner, Haldwani, District Nainital vide its judgment and award dated 25.02.2025 allowed the claim petition. Thereafter, appellant - Insurance Company deposit the entire awarded amount with interest before the Employees Compensation Commissioner concerned on 06.05.2025. Feeling aggrieved, the present

appeal from order has been filed.

7. The main contention of learned counsel for the appellant is that the Commissioner does not frame the issue that as to whether learned Commissioner can pass the award against the Insurance Company to pay the compensation when there is no premium paid to cover the driver of the vehicle; that, whether in absence of premium paid by the owner of the vehicle to cover the driver of

vehicle, Insurance Company is liable to pay the amount of compensation due to the death of driver.

8. Learned counsel for the appellant has further drawn the attention of this Court to the written statement made before the Commissioner, whereby, specific plea was made that Insurance Company was to pay the compensation only after the factum of insurance would be proved.

9. Heard learned counsel for the parties and perused the record.

10. Perusal of the policy would reveal that no premium was paid for insurance of the owner and driver. Since, the issue was not framed in this regard by learned Employees Compensation Commissioner concerned, which goes to the root of the matter, therefore, the impugned judgment and award is liable to be set-aside.

11. With the above observation, the present appeal from order is allowed. The impugned judgment and award dated 25.02.2025 passed by learned Employees Compensation Commissioner, Haldwani, District Nainital in ECA/Misc. Claim Case No. 12 of 2020, is set-

aside.

12. The matter is remitted back to the Employees Compensation Commissioner concerned to consider and decide the claim petition of the claimant afresh, in accordance with law and in an expeditious manner, after giving the liberty to all the party concerned. Learned Commissioner concerned to frame specific issue in this regard as to whether the owner and driver of the vehicle were insured as per the insurance policy.

( Alok Mahra J.)

30.10.2025 Ujjwal