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ANOOP KUMAR DHAND
National Insurance Co. Ltd. – Appellant
Versus
Mohini Devi W/o Late Shri Gopi Ram – Respondent
JUDGMENT :
ANOOP KUMAR DHAND, J.
1. The present civil misc. appeal is directed against the judgment and award dated 01.11.2006 passed by the Court of Learned Commissioner Workmen's Compensation, District Jaipur, Jaipur [for short ‘the learned Commissioner’] in Case No. W.C.C.F. 4/2004, by which the claim petition filed by the claimants-respondents has been allowed and the appellant-Insurance Company was directed to pay a compensation of Rs. 3,38,880/- with interest @ 12% per annum.
2. The issue involved in this appeal is that whether appeal under Section 30 of the Workmen's Compensation Act, 1923 is maintainable without framing any substantial question of law?
3. Brief facts of this case are that one Gopiram was employed with respondent No. 6-Mangal Chand while he was working as a cleaner on 08.04.2003 on the truck bearing No. RJ-14-G-8726, he sustained injuries in discharge of his duties on 08.04.2003. Thereafter, he was admitted in S.M.S. Hospital, Jaipur where during the course of treatment he died on 14.04.2003. The claimants-respondents filed a claim petition before the learned Commissioner seeking compensation of Rs. 3,38,888/- with interest and penalty on account of loss suffere
The main legal point established in the judgment is the limited scope of appeal to substantial questions of law under Section 30 of the Workmen Compensation Act, 1923.
Limited jurisdiction of the High Court in appeals under the Workmen's Compensation Act, 1923.
The limited jurisdiction of the High Court to examine substantial questions of law only and not to reappreciate evidence or findings of fact.
The High Court's jurisdiction under Section 30 of the Workmen's Compensation Act is limited to substantial questions of law; it cannot re-evaluate evidence or disturb findings unless they are pervers....
The High Court's review under Section 30 of the Workmen's Compensation Act is confined to substantial questions of law, not factual re-evaluations.
The appeal under Section 30 of the Workmen's Compensation Act is limited to substantial questions of law, and findings of fact by the Commissioner are final unless shown to be perverse.
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