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DELHI HIGH COURT
S.N.AGGARWAL
Rakesh Mahendru – Appellant
Versus
Labour Commissioner (West) – Respondent
JUDGMENT
S.N. Aggarwal, J.
The respondent no. 3 is the widow of late workman Triloki Yadav who died in an accident on 28.01.2007 in the course of his employment while he was employed with the petitioner Shri Rakesh Mahendru.
2. The Commissioner, Workmen's Compensation, under the Workmen's Compensation Act, 1923, vide order dated 23.01.2008 passed an award of compensation in favour of respondent no. 3 and thereby awarded her a sum of Rs.3,32,580/- and Rs.2500/- towards funeral expenses. The compensation awarded by the Commissioner, Workmen's Compensation, was deposited by the Insurance Company (respondent no. 2 herein) on 29.01.2008 and the same was disbursed amongst the legal heirs of the deceased workman vide order of Commissioner, Workmen's Compensation, dated 11.02.2008. Thereafter, on 12.03.2008, the widow of deceased workman (respondent no. 3) had moved an application under Section 4-A readwith Section 22(A) of the Workmen's Compensation Act, 1923 for award of interest and penalty because of default on the part of the employer in depositing the compensation amount within one month of the date of the accident. The Commissioner, Workmen's Compensation, (respondent no. 1) dispo
An employer appealing against a compensation award under Section 30(1)(a) of the Workmen's Compensation Act must deposit the awarded compensation amount, but is not required to deposit interest or pe....
The court clarified that under the Employee's Compensation Act, entitlement to interest begins from the date of the accident, and appeals against refusals of interest and penalty are maintainable.
Compensation for work-related death must include interest from the date of the accident, as the employer's liability arises immediately upon the occurrence of the accident.
The High Court's jurisdiction under Section 30 of the Workmen’s Compensation Act is confined to substantial questions of law, and it cannot re-evaluate factual findings made by the Commissioner.
Penalties under the Workmen’s Compensation Act are the responsibility of the insurer, not the Insurance Company; interest awarded at 12% was justified.
Point of Law - Perusal of the provisions of Section 4A of the WC Act reveals that the employer is fastened with the liability of payment of compensation and in the event , the same is not paid, a pen....
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