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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HEMANT M. PRACHCHHAK
New India Assurance Company Ltd Through Incharge – Appellant
Versus
Modya Sukaji @ Sureshbhai Maganbhai – 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 06.01.2012 passed by the learned Workmen Compensation Commissioner, Labour Court, Himmatnagar in “Workmen Compensation (Non-Fatal) Case No. 3 of 2005 whereby the learned Commissioner has allowed the claim petition filed by the claimant and awarded the compensation of Rs.2,71,656/- 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 fastening the interest and penalty upon the insurance company.
3. Heard Mr.K. V. Gadhia, learned counsel appearing for the appellant – insurance company and Mr.Harshad Patel, learned counsel appearing for respondents – claimants at length.
4. Mr.Gadhia, learned counsel appearing for the appellant has submitted the same facts which are narrated in the memo of appeal and has submitted that as per t
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 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 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 main legal point established in the judgment is that the Insurance Company is primarily liable to pay compensation to the workmen under the Workmen Compensation Act.
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 main legal point established in the judgment is that the interest burden under Section 4-A(3)(a) of the Workmen's Compensation Act, 1923, shifts to the Insurance Company.
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