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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HEMANT M.PRACHCHHAK
National Insurance Co. Ltd. – Appellant
Versus
Ramsevak Gurudayal Sakvar (Tiwari) – Respondent
| Table of Content |
|---|
| 1. appeal filed under the workmen compensation act. (Para 1) |
| 2. claimant's disability percentage contested. (Para 2) |
| 3. counsel's arguments on errors by commissioner. (Para 3 , 4) |
| 4. court's analysis on disability and interest. (Para 5) |
| 5. supreme court decisions cited on the act's provisions. (Para 6) |
| 6. court's view on evidence regarding disability. (Para 7) |
| 7. court considers penalty based on smallness. (Para 8 , 9) |
| 8. appeal allowed in part, direction to registry. (Para 10) |
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 04.05.2007 passed by the learned Workmen Compensation Commissioner, Labour Court, Surat in Workmen Compensation (Non-Fatal) Case No.18 of 2003 whereby the learned Commissioner has allowed the application filed by the claimant and awarded the compensation of Rs.3,62,988.00 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
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 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 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 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 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 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....
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 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....
Insurance companies are liable for interest on compensation but not for penalties due to employer violations under the Workmen's Compensation Act.
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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