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NUPUR BHATI
National Insurance Company Limited – Appellant
Versus
Tek Chand, S/o. Shri Jagannath Rawat – Respondent
JUDGMENT :
Nupur Bhati, J.
1. The appellant/non-claimant No.2 United India Insurance Company Ltd. has preferred the instant misc. appeal under Section 30 of the Workmen's Compensation Act 1923 (‘Act pf 1923’) challenging the validity of judgment and award dated 26.02.2016 passed by learned Workmen Compensation Commissioner, Udaipur in Claim Case No.WC/F-57/2011, whereby the Commissioner has awarded compensation to the tune of Rs.3,65,005/- in favour of claimants alongwith interest @ 12% per annum from the date of filing claim petition i.e. 13.07.2011 and imposed penalty of Rs.73,001/- on the non-claimant No.1/owner.
2. Before considering the appeal on merits, it is necessary to look into the scope of interference by the High Court in the appeal under Section 30 of the Act of 1923. It is no more res integra that such appeal to the High Court, against the order of the Commissioner, lie only against the specific orders set out in Clause (a) to (e) of Section 30 of the Act of 1923 with a further rider contained in Proviso-I of Section 30 that the appeal must involve substantial question(s) of law. The position of law is well settled that the appeal provided under Section 30 of the Act of
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.
The findings of fact recorded by the Commissioner should not be interfered with unless they give rise to substantial questions of law.
The main legal point established in the judgment is the distinction between questions of fact and substantial questions of law in appeals under Section 30 of the Employee's Compensation Act, 1923. Th....
The insurance company is liable for compensation under the Workmen’s Compensation Act when an employee-employer relationship is established, regardless of the driver's licensing status or the nature ....
The establishment of an employer-employee relationship is essential for claiming compensation under the Employee’s Compensation Act, and the liability for interest on compensation lies with the emplo....
Workmen’s Compensation Act, 1923 is a social welfare legislation and it must be given a beneficial construction – Matters thereunder are to be adjudicated with due process of law and also with a keen....
The High Court's jurisdiction under Section 30 of the Workmen’s Compensation Act is confined to substantial questions of law, and it cannot re-evaluate factual findings made by the Commissioner.
The insurance company is not liable for interest payments under the Workmen's Compensation Act; liability rests with the employer to pay compensation and associated interest.
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