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DELHI HIGH COURT
MANOJ KUMAR OHRI
ICICI Lombard General Insurance Company Ltd. – Appellant
Versus
Saroj Gautam – Respondent
| Table of Content |
|---|
| 1. factual basis for compensation claim. (Para 1 , 2) |
| 2. contestation of employer-employee relationship. (Para 3 , 4) |
| 3. legal standards for appeals under the act. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 4. ruling upholding compensation order. (Para 12 , 13) |
JUDGMENT
Manoj Kumar Ohri, J. The appellant has preferred the present appeal under Section 30 of the Employees' Compensation Act, 1923 (hereinafter, referred to as the `Act'), assailing the order dated 16.04.2018 passed by the learned Commissioner, Employees' Compensation in Case No.CEC-D/NE/18/2017/1125-1127, whereby death compensation was awarded to respondent Nos.1 and 2/claimants and the appellant directed to deposit Rs.8,90,840/- alongwith interest @ 12% p.a. with effect from 19.07.2017 till realization.
2. Brief facts, as emerge from the records, are that respondent Nos.1 and 2 had filed a petition under Section 22 of the Act, claiming compensation on account of death of their son/Nitish Gautam. As per the averments, Nitish Gautam, aged 20 years, was employed as a driver with respondent No.3 on the latter's car bearing No. DL 7CM 0135 and was drawing wages @ Rs.12,000/- per month. The car was insured with the app
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 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 murder of an employee during the course of performance of his duties would entitle the legal heirs to seek a claim under the Employee Compensation Act.
The establishment of an employer-employee relationship is essential for claiming compensation under the Employee’s Compensation Act, and the liability for interest on compensation lies with the emplo....
The court upheld the decision based on the established employer-employee relationship and the circumstances of the accident.
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