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ANOOP KUMAR DHAND
United India Insurance Company Ltd – Appellant
Versus
Sharda – Respondent
JUDGMENT
anoop Kumar Dhand, J. - Instant appeal under Section 30 of the Workmen Compensation act, 1923 (hereinafter referred as 'the act of 1923') has been filed by the appellant-Insurance Company against the judgment and award dated 13.08.2009 passed by the Court of Employees Compensation Commissioner act, 1923, ajmer, District ajmer (for short 'the learned Commissioner') in claim case No. WCa/F/04/2007, whereby an award of Rs. 5,27,436/- has been passed in favour of the claimants-respondents.
2. Brief facts giving rise to this appeal are that the claimants-respondents filed a claim petition before the learned Commissioner under Section 22 of the act of 1923 against the appellant - Insurance Company and driver owner of the vehicle as the claimants suffered loss due to the death of Shyoram Jat who died on account of the injuries sustained by him in a road accident occurred on 03.12.2006.
3. The case of the claimants-respondents was that the deceased was a driver of tractor bearing No. RJ-01-R-7753 and at the time of accident, he was working under the employment of respondent Nos. 6 and 7. It was also pleaded in the claim petition that at the time of accident the age of the deceased wa
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 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 jurisdiction under Section 30 of the Workmen's Compensation Act is limited to substantial questions of law, and it cannot re-evaluate factual findings.
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....
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.
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 High Court's jurisdiction under Section 30 of the Workmen's Compensation Act is limited to substantial questions of law, and it cannot re-appreciate evidence or disturb factual findings.
Limited jurisdiction of the High Court in appeals under the Workmen's Compensation Act, 1923.
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