Back
SUNIL DUTTA MISHRA
IFFCO-TOKIO General Insurance Company Ltd. – Appellant
Versus
Shamima Khatoon – Respondent
Sunil Dutta Mishra, J.—This Miscellaneous Appeal has been filed under Section 30(1) (a) of the Employees’ Compensation Act, 1923, being aggrieved by the order dated 07.01.2017 passed by the learned Deputy Labour Commissioner-cum-Commissioner -Workmen Compensation, Gaya, (hereinafter referred to as the Commissioner) in CWC Case No. 06 of 2015 ‘Shamima Khatoon & Ors. vs. The IFFCO TOKIO General Insurance Co. Ltd. & Another,’ by which the compensation of Rs. 12,80,890/- with 6 % per annum from 23.06.2013 (after one month of the date of incident) has been awarded in favour of applicants against the appellant/ Insurance Company. The Insurance Company has been directed to deposit the said amount within one month of the Order and in case the said amount of compensation if not deposited within the said period interest @ 9 % per annum shall be payable from the date of incident.
2. The case in brief is that late Nasir Ahmad, the husband of the applicant no.1, was employed as driver of respondent no. 9/ O.P. No. 2, Gopal Prasad for his Truck No. JH-10AB-8935 and during his employment he was going to Kolkata with that truck on 22.05.2013 and as he reached near Bailkapi Mod in District- Hajariba
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 appellants were entitled to compensation for the employee's death as relationship with the employer was established, and the claim was not barred by limitation due to timing of civil death declar....
Monthly income includes salary plus proven daily dietary allowance; statutory interest @12% from one month post-accident till deposit; insurer liable to pay compensation for insured vehicle absent po....
The establishment of an employer-employee relationship is essential for claiming compensation under the Employee’s Compensation Act, and the liability for interest on compensation lies with the emplo....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
