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R. M. JOSHI
New India Assurance Co. Limited – Appellant
Versus
Mahamulal – Respondent
JUDGMENT
R. M. Joshi, J. - Being aggrieved by the judgment and award dated 10th July, 2002, passed in W.C.A. No. 9/2000 by the learned Commissioner, Workmen's Compensation Act, original respondent No. 2-M/s New India Assurance Co. Ltd. has preferred this appeal under Section 30 of the Workmen's Compensation Act, 1923 (for short 'Act').
2. The respondents No. 1 and 2 were the applicants whereas the appellant-insurance company and respondent No. 3-insured were the respondents No. 1 and 2 respectively in the claim proceedings before the learned Commissioner, Workmen Compensation Act and Civil Judge Senior Divisions, Osmanabad and shall be hereinafter referred to as the applicants and respondents No. 1 and 2 respectively.
3. The facts giving rise to the present appeal can be summarised as under :-
The respondent No. 1 is the owner of a Tractor bearing No. MH 25 B 3031, which was duly insured with respondent No. 2- insurance company. The respondent No. 1 had engaged the deceased Ismail as a driver, on payment of monthly wages of Rs. 3,000/- plus bhatta of Rs. 50/- per day. The tractor met with an accident on 3rd February, 2000 resulting in death of the driver-Ismail. The applicants, the par
The burden of proof and the retrospective application of amended provisions of the Act were the central legal points established in the judgment.
The insurance company is not liable for interest payments under the Workmen's Compensation Act; liability rests with the employer to pay compensation and associated interest.
The insurance company is liable for compensation under the Workmen’s Compensation Act when an employee-employer relationship is established, regardless of the driver's licensing status or the nature ....
Point of Law : Objective of amendment was to remove a deeming cap on monthly income of an employee and extend to them compensation on basis of actual monthly wages drawn by them, however, there was n....
Section 4 of Employee’s Compensation Act, 1923, existed when unfortunate accident took place.
The court held that the Commissioner must adhere to the wage cap of Rs. 8,000/- as per the Central Government notification when calculating compensation under the Employees Compensation Act.
The main legal point established is that the liability of the insurer to pay compensation is based on the failure to prove non-adherence to safety measures by the employer, the assessment of the dece....
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