Back
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HEMANT M.PRACHCHHAK
Nimuben Kishorsinh Solanki – Appellant
Versus
Parthiben Ranjitsinh Gamit – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 1 , 2) |
| 2. court's analysis of statutory provisions and case law. (Para 3 , 5 , 6 , 8 , 9 , 10 , 11 , 13 , 14) |
| 3. appellant's arguments regarding liability and judgment. (Para 4) |
| 4. legal standards governing appeals and penalties. (Para 7 , 15) |
| 5. order of the court on penalty and interest. (Para 17) |
JUDGMENT :
HEMANT M. PRACHCHHAK, J.
1. Present appeal is filed by the appellant against the judgment and award dated 18.05.2007 passed by the Ex Officio Commissioner for the Workmen's Compensation Act, Surat in Workmen's Compensation (Fatal) Application No.110 of 2005, whereby the learned Commissioner has awarded compensation of Rs.3,01,774/- jointly and severally on present appellant and respondent No.4 insurance company and held present appellant liable for the interest @ 12% p.a. from the date of accident till deposit of the amount and 50% penalty of Rs.1,50,887/- is also imposed on the appellant.
2. The short facts giving rise to present appeal are as under:-
2.1 The appellant herein is doing business of transportation and having Truck bearing registration No. GJ-5-U- 3597. The deceased-husband of respondent No.1 was working with the a
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.
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.
Penalties under the Workmen’s Compensation Act are the responsibility of the insurer, not the Insurance Company; interest awarded at 12% was justified.
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.
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 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.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
