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SUNIL DUTTA MISHRA
Employees State Insurance Corporation – Appellant
Versus
Niwas Singh – Respondent
Sunil Dutta Mishra, J.—
In Re :- I. A. No.8790 of 2015
Having heard learned counsel for the parties and having considered the averments made in the application, the I.A. No.8790 of 2015 (Limitation Petition) is allowed and delay in filing the present Miscellaneous Appeal is condoned.
Re :- Miscellaneous Appeal No.414 of 2015
2. Heard learned counsel for the appellant and the learned counsel for the respondent nos.1 & 2.
3. This Miscellaneous Appeal has been filed by The Employees State Insurance Corporation Through The Regional Deputy Director (hereinafter referred as 'Insurance Corporation') under Section 30(1) (a) of the Employees’ Compensation Act, 1923, (hereinafter referred as the “Act”) being aggrieved by the order dated 11.03.2015 passed by the learned Deputy Labour Commissioner-cum-Commissioner Workmen's Compensation, Magadh Division, Gaya, (hereinafter referred to as 'the Commissioner') in CWC Case No. 30 of 2006 by which he passed the order against the Insurance Corporation/appellant to deposit Rs.6,45,840/-. The Insurance Corporation/appellant has been directed to deposit the said amount within 30 days from the date of order and in case the said amount of compensation if not
An employee cannot be denied compensation under the Employees' Compensation Act if they were not covered under the Employees State Insurance Act at the time of the accident, and any attempt to contra....
The court held that claims under the Motor Vehicles Act are maintainable even if the deceased was covered under the Employees' State Insurance Act, provided the injury is not an 'employment injury'.
Claimants under the Motor Vehicles Act retain the right to compensation despite receiving benefits under the E.S.I. Act.
Workmen’s Compensation Act, 1923 is a social welfare legislation and it must be given a beneficial construction – Matters thereunder are to be adjudicated with due process of law and also with a keen....
Damages under the E.S.I. Act are discretionary, not mandatory, and must consider genuine hardships, reaffirming that penalties should not automatically apply.
The court affirmed that injuries sustained in the course of employment, even outside regular hours, qualify for dependents' benefits under the E.S.I. Act.
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