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MANOJ KUMAR OHRI
New India Assurance Co Ltd – Appellant
Versus
Nasreen Begum – Respondent
JUDGMENT
Manoj Kumar Ohri, J.
1. By way of present appeal filed under Section 30 of the Employees' Compensation Act, 1923 (for short, hereinafter referred to as the Act), the appellant has assailed the order dated 27.01.2016 passed by the learned Commissioner Employees' Compensation whereby claim application filed on behalf of respondent Nos. 1 to 7 was allowed.
2. Mr. Pankaj Seth, learned counsel for the appellant has contended that the claim application was filed after a delay of four years and in spite of that appellant has been directed to pay interest from 30 days of the accident. Learned counsel has also assailed the impugned order by contending that at the time of incident the vehicle was not having valid permit.
3. Mr. Daksh Nain, learned counsel for respondent Nos. 1 to 7, on the other hand, has defended the impugned order. It is submitted that the present case involves death compensation and the legal heirs being residents of District Kanpur, Dehat, Uttar Pradesh have given sufficient explanation for not approaching the Tribunal in due time. In support of his contentions, learned counsel has placed reliance on decision of United India Insurance Co. Ltd. v. Prakashi Dev
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 court emphasized the liberal construction of labour statutes in favor of employees and the need to protect workmen from accidents at their place of work.
The central legal point established in the judgment is the requirement of establishing the employer-employee relationship and the causal connection between the accident and the employment under the E....
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 failure to produce a driving license by the claimant did not invalidate the award of compensation under the Employees' Compensation Act.
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....
Relationship of employer and employee is a basic requirement to be fulfilled for claiming compensation under Employees Compensation Act, 1923.
The court affirmed that the employer-employee relationship is crucial for compensation claims under the Employee’s Compensation Act, including for casual workers post-amendment.
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