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MANOJ KUMAR OHRI
Sunil Kumar – Appellant
Versus
Som Nath – Respondent
JUDGMENT
Manoj Kumar Ohri, J. (Oral)
CM APPL. 10702/2023 (Exemption)
Allowed, subject to all just exceptions.
Application stands disposed of.
FAO 50/2023 and CM APPL. 10701/2023 (Interim Stay)
1. By way of the present appeal filed under Section 30 of the Employees' Compensation Act, 1923 (hereinafter, referred to as the `EC Act'), the appellant seeks setting aside of the order dated 23.12.2022 passed by the learned Commissioner, Employees' Compensation in Case No. CEC-D/NE/41/2018/324, vide which respondent No.1/claimant was awarded death compensation in respect of his son.
2. The facts, in nutshell, are that in the claim application, it was averred by the claimant that his son Ajay Kumar alongwith other laborers was engaged in the work of taking down tin shed for the appellant at his factory. He was paid Rs.500/- per day. On 16.04.2018, the appellant had called Ajay Kumar along with two other labourers to carry out the said work. Before carrying out the work, Ajay Kumar had asked the appellant to arrange safety equipment. Though the appellant promised to provide the same, he failed to fulfill his promise. At about 02:30 PM, Ajay Kumar slipped from a ladder and fell. He was taken to J
The limited scope of interference in appeals filed under Section 30 of the Employees' Compensation Act and the material issues that arise for the just decision of the Commissioner in a claim petition....
The scope of interference in an appeal under the Employees' Compensation Act is limited to substantial questions of law, and findings of fact proved either way are not likely to be interfered with.
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....
The central legal point established in the judgment is that in cases of disputed liability, the party should be granted an opportunity to lead evidence and cross-examine to prevent a miscarriage of j....
The limited scope of interference in an appeal filed under Section 30 of the Employee's Compensation Act and the requirement for substantial questions of law to be involved.
The appellate jurisdiction of the High Court under Section 30 of the Act is confined only to examine substantial questions of law, and findings of facts proved either way are not to be likely interfe....
Appeals under Section 30 of the Employee's Compensation Act, 1923, are restricted to substantial questions of law; consequently, High Courts possess limited jurisdiction to interfere with factual fin....
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