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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HEMANT M.PRACHCHHAK
New India Assurance Company Limited – Appellant
Versus
Kalpesh Babubhai Solanki – Respondent
JUDGMENT :
HEMANT M. PRACHCHHAK, J.
1. Present appeal is filed by the appellant - insurance company under Section 30 of the Workmen Compensation Act, 1923 (hereinafter be referred to as “the Act”) challenging the impugned judgment and order dated 27.11.2013 passed by the learned Workmen Compensation Commissioner, Labour Court, Bhavnagar in Workmen Compensation (Non-Fatal) Case No.5 of 2009 whereby the learned Commissioner has allowed the claim petition filed by the claimant and awarded the compensation of Rs.4,34,650/- along with the penalty and interest.
2. Being aggrieved and dissatisfied with the impugned judgment and order of the learned Commissioner, the present first appeal is filed by the appellant – insurance company on the grounds that learned Commissioner has committed an error in assessing the percentage of disability though in the medical certificate the disability was shown at 60%, whereas, the learned Commissioner has considered the disability at 80% and also committed an error in awarding penalty.
3. Heard Mr.K. V. Gadhia, learned counsel appearing for the appellant – insurance company, Mr.Hardik Soni, learned counsel appearing for respondent No.1 – claimant and Mr.Harsh
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.
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 ....
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 insurer under the Workmen’s Compensation Act cannot be held liable from the date of the accident if the claim is filed later, with compensation reflecting permanent functional disability assessed....
The assessment of compensation under the Workmen’s Compensation Act depends on the impact of permanent disability on earning capacity, and the Insurance Company is not liable to pay interest unless t....
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 ....
The assessment of disability in compensation cases must rely on credible medical evidence, and arbitrary increases in disability percentages are not permissible.
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....
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.
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