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DEVAN M. DESAI
Valji P. – Appellant
Versus
Heirs and Legal Representative of Meghrajji Natubha @ Jatubha – Respondent
JUDGMENT :
1. Heard learned Senior advocate Mr. Anshin H. Desai for appellant and learned Mr. Shashikant S. Gade for respondent No.3.
2. The present First Appeal is filed under Section 30 of the Workmen Compensation Act, 1923 (hereinafter referred to as ‘the Act’).
3. The brief facts of the case are as under:-
3.1 The deceased-Meghrajji Natubha @ Jatubha was serving as a Watchman with the present appellant. During the course of employment on 08.12.1991, an accident took place and on 09.12.1991, workman died in Hospital. The deceased was earning Rs.750/- per month by way of salary plus overtime bonus etc. The deceased was aged about 45 years at the relevant time. The Claim Application was filed by the heirs of the deceased claiming of compensation of Rs.55,200/- from the original opponents with penalty plus interest @ 18% p.a.
3.2. Appellant appeared in the proceedings and filed written statement and denied their liability mainly on the ground that the workman was appointed by the respondent No.2 and hence, present appellant is not liable to pay compensation to the original claimants i.e. present respondent Nos.1.1 to 1.5. Opponent No.3 i.e. Insurance Company also filed its written state
The main legal point established is the interpretation and application of Section 4(A) of the Workmen Compensation Act, particularly in determining the calculation of compensation and the liability o....
The burden of proof and the retrospective application of amended provisions of the Act were the central legal points established in the judgment.
The insurance company is not liable for interest payments under the Workmen's Compensation Act; liability rests with the employer to pay compensation and associated interest.
Section 4(1)(a) of Act contains Amount of compensation.
The main legal point established in the judgment is the liability of the Insurance Company to pay interest imposed upon the insured employer by the Workmen's Commissioner under Sec. 4A(3) of the Empl....
It was for claimant to have opted for claim of compensation either under Workmen’s Compensation Act or under Motor Vehicles Act.
The main legal point established in the judgment is that the penalty under Section 4-A(3)(b) of the Workmen's Compensation Act is the liability of the employer and not the insurance company.
An insurance company is not liable for interest on workmen's compensation awards, as liability rests solely with the employer under the Workmen’s Compensation Act.
The assessment of disability under the Workmen Compensation Act must adhere strictly to statutory provisions, limiting discretion in establishing percentage of disability and wage calculations.
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