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MANOJ KUMAR OHRI
Reliance General Insurance Company Ltd. – Appellant
Versus
Dev Gopal Mishra @dev Kumar Mishra @ Govind – Respondent
JUDGMENT
Manoj Kumar Ohri, J. (Oral)
1. Present none for the appellant and respondent No.2.
2. It is noted that the appellant remained unrepresented even on the last two dates of hearing.
3. Be that as it may, I have heard learned counsel for respondent No.1/claimant and gone through the impugned order/Award dated 01.09.2017 as well as the Commissioner's Records.
4. A reading of the paper book would show that respondent No.1 had approached the learned Commissioner, Employees' Compensation by filing an application under Section 22 of the Employees' Compensation Act, 1923 (hereinafter, the 'EC Act'). It was claimed that he was employed as a driver on vehicle bearing No.HR-61-6683 owned by respondent No.2 and drawing wages @ Rs.8000/- per month plus Rs.200/- per day as food allowance. In the course of employment, he met with an accident on 21.10.2014 when he was driving the vehicle and his hand was crushed under its tyres. Respondent No.1 was first admitted in Hindu Rao Hospital for treatment whereafter, he was shifted to Regency Hospital, Kanpur where his hand was operated upon three times and resulted in amputation of three fingers and thumb. It was claimed that being a driver, h
The appellate jurisdiction of the High Court in an appeal under Section 30 of the Employees' Compensation Act is confined only to examine substantial questions of law, and findings of fact proved eit....
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 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....
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 scope of appeal under Section 30 of the Employees' Compensation Act is limited to substantial questions of law, and material issues in a claim petition must be proved with evidence.
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