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MALASRI NANDI
United India Insurance Co. Ltd – Appellant
Versus
Julekha Begum, Wife of Late Samsher Khan – Respondent
JUDGMENT :
MALASRI NANDI, J.
Heard Mr. AJ Saikia, learned counsel for the appellant as well as Mr. B Baruah, learned counsel for all the respondents.
2. This is an appeal under Section 30 of the Workmen’s/Employee’s Compensation Act, 1923 (hereinafter in short EC Act) against the judgment and award dated 18.01.2019, passed by the Commissioner, Employee’s Compensation, Dibrugarh in EC Case No. 2/2015.
3. The brief facts of the case is that the respondent No. 1 as claimant had filed the EC Case No. 2/2015 before the Court of the Commissioner, Employee’s Compensation, Dibrugarh, Assam for claiming compensation for the death of the victim Kamal Khan in a motor vehicle accident which has taken place on 15.08.2014 during the course of employment as the driver of vehicle bearing No. NL-02/D5495 (Tanker). The present appellant was impleaded in the said EC Case being insurer of the alleged tanker and contested the case by filing written statement denying its liability in the said case.
4. In support of her case, the claimant side had examined the claimant as sole witness and exhibited some documents and the opposite parties did not adduce any defence witness. On the basis of the materials on rec
The Employee’s Compensation Act allows for compensation based on the actual monthly wages of an employee without a statutory cap, reflecting the legislative intent to provide fair compensation for wo....
Section 5 of Act, which deals with method of calculating monthly wages.
The Commissioner for Employees' Compensation can award compensation beyond the amount claimed, reflecting a statutory duty to ensure just compensation based on actual wages, overriding limitations po....
The Employee’s Compensation Act allows for compensation based on actual wages proven by the employee or their legal heirs, overriding the Central Government's notification of a fixed wage cap when ev....
The Employees’ Compensation Act mandates compensation based on actual wages without ceiling limits imposed by notifications, ensuring dependants receive just compensation according to incurred earnin....
The court held that the Commissioner must adhere to the wage cap of Rs. 8,000/- as per the Central Government notification when calculating compensation under the Employees Compensation Act.
Section 4(1)(a) of Act contains Amount of compensation.
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