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IN THE HIGH COURT OF KARNATAKA AT DHARWAD
GEETHA K.B.
National Insurance Company Limited, Bellary. Rep. By Deputy Manager – Appellant
Versus
Miscellaneous First Appeal No.23281 of 2013 – Respondent
| Table of Content |
|---|
| 1. claim for compensation due to accident. (Para 1 , 3) |
| 2. defendant's response and denial of claims. (Para 4 , 5) |
| 3. arguments presented by both sides. (Para 9 , 10) |
| 4. substantial questions of law identified. (Para 11 , 12) |
| 5. evidence supports occurrence of the accident. (Para 14 , 15 , 18) |
| 6. claimant's employment ties to injury established. (Para 16 , 19) |
| 7. assessment of compensation based on injuries. (Para 21 , 22) |
| 8. final resolution of appeal and compensation awarded. (Para 23 , 24) |
JUDGMENT :
GEETHA K.B., J.
The insurance company has preferred this appeal under Section 30 (1) of the Workmen's Compensation Act, 1923, praying for setting aside the award passed by the Labour Officer and Commissioner for Workmen’s Compensation, Sub Division-II, Ballari, (in short, labour officer) in W.C.(NF) No.500/2007, dated 27.04.2013 on the points of liability and quantum of compensation.
2. Parties would be referred with their ranks, as they were before trial Court for sake of convenience and clarity.
3. The petitioner has filed the petition before the labour officer, praying for compensation in the accident that had taken place on 27.09.2005 at 10.50 p.m. in front of the house of
The employer is liable to pay compensation for injuries occurring during the course of employment as per the Workmen's Compensation Act, and the assessment of disability and compensation must be appr....
Insurance Company’s liability established for employee injuries during employment; appeals under Employees' Compensation Act are limited to substantial questions of law, not factual reassessment.
: scheme of the Act of 1923 is that when ever, a workman gets injured during the course of his employment, his employer is to pay the compensation. There is no doubt that the respondent/driver sustai....
Owner solely liable for workmen's compensation when permitting LMV-licensed driver without valid HMV licence to operate heavy vehicle, absolving insurer due to attributable policy breach; appeal dism....
The insurer is liable for compensation under the Employees’ Compensation Act but not liable for penalty due to employer's personal fault.
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