Back
ANOOP KUMAR DHAND
ICICI Lombard General Insurance Co. Ltd. – Appellant
Versus
Ram Devi W/o. Late Bhawarlal – Respondent
JUDGMENT :
Anoop Kumar Dhand, J.
1. Feeling aggrieved by the impugned judgment and award dated 05.02.2016 passed by the Court of learned Commissioner Workmen's Compensation, Sikar (Raj.) [for short 'the learned Commissioner'] in Case No. WCCF 09/2012, both the Insurance Company as well as the claimants have preferred the instant appeals, hence the same are being decided by this common judgment.
2. Brief facts of the case are that the claimants have filed a claim petition under the provisions of Workmen's Compensation Act, 1923 before the Court of Employees' Compensation Commissioner, Sikar claiming compensation on account of the loss suffered by them due to death of Bhanwarlal who died in an accident occurred on 13.10.2011. It was further stated in the claim petition that the death of the deceased occurred in the capacity of the driver during the course of employment of the non-claimant Ramdevaram. It was also pleaded that at the time of accident, the age of the deceased was 35 years and he was earning Rs. 8,000/- per month.
3. The owner of the vehicle filed reply to the claim petition in which the employment of the deceased was admitted. The appellant-Insurance Company filed the reply
The court emphasized that the findings of the Workmen's Compensation Commissioner, based on sound appreciation of evidence, should not be disturbed unless a substantial question of law is involved.
Under the Employee's Compensation Act, 1923, the employer's negligence is not required to be proven for compensation claims, and the defenses available to insurers are limited in such cases.
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.
The court established that claims can be made under both the Workmen's Compensation Act and the Motor Vehicles Act, and factual findings by the Commissioner are binding unless proven otherwise.
The appellate jurisdiction of the High Court is confined only to examine the substantial questions of law arising in the case, as provided under Section 30 of the Workmen's Compensation Act, 1923.
The appellate jurisdiction of the High Court is confined only to examine substantial questions of law, and cannot reappreciate the evidence and finding of fact recorded on the evidence led by both th....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
