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DELHI HIGH COURT
MANOJ KUMAR OHRI
Sanjeev Kumar – Appellant
Versus
Mohammad Mobeen – Respondent
| Table of Content |
|---|
| 1. appeal against penalty under employee compensation act (Para 1) |
| 2. arguments regarding liability for penalty (Para 2) |
| 3. court's observations on appeals under section 30 (Para 3 , 4 , 5) |
| 4. supreme court's decision impacts findings (Para 6) |
| 5. order to forward judgment to commissioner (Para 7 , 8) |
JUDGMENT
Manoj Kumar Ohri, J. (Oral)--By way of the present appeal filed under Section 30 of the Employees' Compensation Act, 1923 (hereinafter, referred to as the `Act'), the appellant/respondent No.1 (the employer) has assailed the order dated 31.08.2022 passed by the learned Commissioner, Employees' Compensation whereby penalty of Rs.4,25,030/- was imposed upon him.
2. Mr. Adarsh Kumar Tiwari, learned counsel for the appellant has submitted that though the aforesaid penalty amount has been deposited, however the impugned order has been assailed on the ground that the claim application form was supplied to respondent No.2/M/s. Sri Ram General Insurance Co. Ltd. within the stipulated time. It is contended that liability to pay penalty amount, if any, ought to have been fastened on respondent No. 2 instead of the appellant.
3. A reading of the paper book would show that
The scope of appeal under the Employees' Compensation Act is confined to substantial questions of law, with findings of fact generally not subject to interference.
The liability of the employer to pay penalty amount up to 50% of the compensation under Section 4-A(3)(b) of the Employees' Compensation Act.
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 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 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.
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 insurance company is liable to meet the claim for compensation along with interest as imposed on the insured employer by the Workmen's Commissioner under the Compensation Act, but not liable to r....
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 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....
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