FAO No. 2066 of 2011 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No. 2066 of 2011 (O&M) Date of decision: 25.3.2011 Oriental Insurance Company Ltd. .. Appellant v. Smt. Savita Devi and another .. Respondents CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. Ashwani Talwar, Advocate for the appellant. ... Rajesh Bindal J. Challenge in the present appeal is to the order dated 9.8.2010, passed by the Commissioner under the Employees' Compensation Act, 1923 (for short, `the Act') awarding compensation to respondent No. 1 on account of the death of her husband. Primarily, the liability has been put on the contractor (respondent No. 2), where it has been directed that the appellant, who is a contractee, shall pay the amount and shall be at liberty to recover the same from respondent No. 2. Along with the appeal, an application seeking condonation of delay of 144 days in filing thereof has also been filed. Though learned counsel for the appellant sought to argue that in terms of the agreement signed between the parties, the contractor was to take a policy to cover any claim by any of the employee against the contractor under the Act, but in fact the contractor had not taken any insurance policy. It is not disputed that respondent No. 2 was working as a contractor in the Training Institute of the appellant at Faridabad. Once the appellant has been given recovery rights from respondent No. 2, it can very well exercise the same. The liability as such has not been put on the appellant. FAO No. 2066 of 2011 [2] Considering the aforesaid facts, I do not find any merit in the present appeal. Accordingly, the same is dismissed. Consequently, the application for condonation of delay is also dismissed. (Rajesh Bindal) Judge 25.3.2011 mk