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ANOOP KUMAR DHAND
ICICI Lombard General Insurance Company Limited – Appellant
Versus
Ali Hasan S/o Shri Hameed Beg – Respondent
ORDER :
1. Instant appeal has been preferred by the appellant-Insurance Company under Section 30 of the Workmen’s Compensation Act, 1923 [for short ‘the Act of 1923] against the impugned judgment and award dated 25.06.2012 passed by the Court of learned Commissioner Workmen's Compensation Act, 1923, Jaipur-II, Jaipur (Raj.) (for short ‘the learned Commissioner’) in claim case No. WCCNF 325/2010 by which the claim petition filed by the claimant-respondent has been allowed and the Insurance company has been directed to pay compensation of Rs. 2,05,027/- to the claimant-respondent.
2. Learned counsel for the appellant-Insurance Company submitted that the claimant has submitted the claim petition under the provisions of the Act of 1923 before the learned Commissioner and during the pendency of the said claim petition, he submitted one more claim petition bearing No. 1874/2011 before the Motor Accident Claims Tribunal No. 1, Jaipur Metropolitan, Jaipur (for short ‘the Tribunal’) and the same was dismissed on 29.05.2014, so the claim petition filed by the claimant under the Act of 1923 was not maintainable. Counsel further submitted that the claimant has failed to prove the relationship of
Limited jurisdiction of the High Court in appeals under the Workmen's Compensation Act, 1923.
Limited jurisdiction of the High Court under Section 30 of the Workmen's Compensation Act to examine substantial questions of law only.
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 High Court's jurisdiction under Section 30 of the Workmen's Compensation Act is limited to substantial questions of law, preventing re-appreciation of evidence or disturbance of factual findings.
The main legal point established is the limited jurisdiction of the High Court to examine substantial questions of law under the Workmen's Compensation Act, emphasizing the finality of the Commission....
The findings of fact recorded by the Commissioner should not be interfered with unless they give rise to substantial questions of law.
The limited jurisdiction of the High Court to examine substantial questions of law only and not to reappreciate evidence or findings of fact.
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.
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