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Mohd. Anwar v. M/s The Oriental Insurance Company Ltd.

Civil Appeal · 2018 INSC 174Decided 19 Feb 2018
Civil Appeal Nos. 2265-2266 of 2018
Justice R.K. Agrawal · Justice Abhay Manohar Sapre

Background

This order sends the case back; it does not decide the dispute. A driver injured at work in 2013 was awarded compensation. The Delhi High Court set the award aside on the insurer's objection to territorial jurisdiction, without hearing him.

Decision Breakdown

This is not a final decision on the dispute. The Court held that denying him a hearing required the High Court's judgment to be set aside. It sent the insurer's appeal back to be decided afresh and said it had not applied its mind to the merits.

Lesson Learnt

An award in a worker's favour cannot be set aside without hearing the worker.

Official source (sci.gov.in)View Judgment (PDF)

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