SH. A. K. JAIN vs THE ORIENTIAL INSURANCE COMPANY LTD.

Judgment text excerpt

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on: 03.04.2025 + W.P.(C) 8514/2018 SH. A. K. JAIN .....Petitioner Through: Mr. S.K. Pandey and Mr. Rajan Parmar, Advocates. versus THE ORIENTIAL INSURANCE COMPANY LTD. .....Respondent Through: Mr. Rahul Ranjan Verma, Advocate. CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN PRATEEK JALAN, J. (ORAL) 1. The petitioner has filed this petition under Article 226 of the Constitution, challenging an order dated 09.05.2016 passed by the Disciplinary Authority of the respondent – Oriental Insurance Company Ltd., by which a penalty of recovery of Rs.50,000/- was imposed upon the petitioner. He also assails an order dated 06.02.2017 of the Appellate Authority, and an order dated 13.10.2017 of the Reviewing Authority, by which the disciplinary order against him was confirmed. 2. The petitioner joined the services of the respondent on 15.03.1984 as an Assistant (Clerical), and was promoted to the post of Assistant Manager in the respondent’s Divisional Office at Noida, Uttar Pradesh. 3. The disciplinary proceedings arise out of a claim of the legal heirs of one Mr. Amit Kumar against Mr. Nepal Singh, who had taken an insurance policy from the respondent in respect of his commercial vehicle Signature Not Verified Signed By:PARUL VASHIST W.P.(C) 8514/2018 Page 1 of 7 Signing Date:05.04.2025 18:09:14 (truck) bearing Registration No. HR38J0987. The deceased was working as a helper in the said truck, and died on 14.08.2007, allegedly due to a fatal accident. His legal heirs filed a claim before the Commissioner of Workmen’s Compensation, against the insured and the respondent. The claim resulted in an award against the respondent in the sum of Rs.5,42,275/- with 8% simple interest. 4. Based upon these proceedings, a chargesheet was issued to