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MANOJ KUMAR OHRI
Shriram General Insurance Company Limited – Appellant
Versus
Nasim – Respondent
JUDGMENT
Manoj Kumar Ohri, J. (Oral)
CM APPL. 5759/2023
1. By way of present application filed under Sections 5 and 14 of the Limitation Act read with Section 151 CPC, the appellant seeks condonation of delay of 95 days in filing the appeal.
2. For the reasons stated in the application, the same is allowed and the delay of 95 days in filing the appeal is condoned.
3. Application is disposed of.
FAO 26/2023, CM APPL. 5758/2023 & CM APPL. 5760/2023
4. By way of present appeal filed under Section 30 of the Employees' Compensation Act, 1923 (hereinafter, the `EC Act'), the appellant has assailed the order dated 30.08.2022 passed by the learned Commissioner, Employees' Compensation in Case No.CEC/I/57/WD/15/200, whereby claim petition filed by respondent No.1/claimant seeking injury compensation was allowed and the appellant directed to deposit Rs.10,75,200/- alongwith interest @ 12% p.a. w.e.f. 02.08.2010 till its realization.
5. After initial submissions, Mr. Sameer Nandwani, learned counsel for the appellant, has restricted his challenge to the contention that the failure of respondent No.1 to produce his driving license vitiated the award of compensation.
6. A perusal of the pres
The failure to produce a driving license by the claimant did not invalidate the award of compensation under the Employees' Compensation Act.
The court emphasized the need for evidence to prove material issues in a claim petition and the limited scope of interference in an appeal under Section 30 of the Employees' Compensation Act, 1923.
Employer-employee relationship proved via logbook and adverse inference against non-producing owner; valid heavy goods vehicle licence upheld; tyre replacement in course of employment; interest from ....
The Commissioner under the Employees Compensation Act has the authority to condone delays in filing claims, necessitating consideration of such applications before dismissing claims on limitation gro....
Claimants must be allowed to explain delays in filing petitions under the Employee’s Compensation Act; dismissal on limitation without opportunity breaches judicial fairness.
The legal principle established in the judgment emphasizes the limited scope of interference in appeals under Section 30 of the Employees Compensation Act and the importance of evidence in establishi....
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