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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HEMANT M.PRACHCHHAK
New India Assurance Co. Ltd. – Appellant
Versus
Ranjanben Pramodbhai Patel – Respondent
JUDGMENT :
HEMANT M. PRACHCHHAK, J.
1. Present appeal is filed by the appellant-insurance company challenging the judgment and award dated 5.10.2011 passed by the Ex-officio Commissioner, Surat (hereinafter referred to as the "learned Commissioner") in W.C. (F) Case No.56 of 2008, whereby the learned Commissioner has awarded compensation of Rs. 3,51,080/- with 6% simple interest favour of original claimants.
2. The short facts giving rise to present appeal are that the deceased was working with original respondent No.1 i.e. M/s. Nishiko as an Wireman. On 14.05.2007 when the deceased removing the fitting of Pole No.S.B. 29 on Sardar Bridge, at that time, suddenly pole was broken and fallen down on ladder. Due to the said incident, the deceased lost his balance and fell down with the ladder. Thereafter, he was taken to the hospital, where he was declared as 'dead' after initial treatment.
2.1 Thereafter, original claimant Nos. 1 to 3 had preferred Workmen's Compensation (Fatal) Application No.56 of 2008 before the Workmen's Compensation Commissioner for compensation.
2.3 After hearing both the parties and after evaluating the evidence placed on record, the learned Commissioner has awarde
Insurance companies are not liable for interest or penalties under workmen's compensation policies unless explicitly stated in the policy; responsibility for such payments typically lies with the emp....
The appeal court can only intervene on substantial questions of law, preserving the Commissioner’s fact-finding authority while holding the employer liable for compensation penalties, with insurance ....
Insurance companies are liable for interest on compensation but not for penalties due to employer violations under the Workmen's Compensation Act.
The insurance company is liable for compensation and penalty under the Workmen's Compensation Act, with the court's jurisdiction limited to substantial legal questions, not factual re-evaluation.
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.
The court held that the liability for interest on compensation lies with the Insurance Company, affirming a statutory interest rate of 12% under the Workmen's Compensation Act if not paid within a mo....
Penalties under the Workmen’s Compensation Act are the responsibility of the insurer, not the Insurance Company; interest awarded at 12% was justified.
The court emphasized the necessity for accurate disability assessment under the Workmen Compensation Act, clarifying that the liability for interest rests solely with the employer, not the insurance ....
Liability for penalty under the Workmen's Compensation Act rests on the employer, not the insurance company, and interests awarded are also subject to statutory amendments.
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.
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