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NUPUR BHATI
National Insurance Co. Ltd. Through Divisional Branch Manager, Udaipur through Regional Manager, National Insurance Co. Ltd. , Jodhpur – Appellant
Versus
Dhapu Kanwar W/o late Tej Singh – Respondent
JUDGMENT :
Introduction:
1. The misc. appeal - S.B. C.M.A. No. 974/2015 (hereinafter referred to as ‘the appeal’) has been preferred by the appellant-Insurance company under Section 30 of the Employees Compensation Act, 1923 against the judgment and award dated 11.03.2015 (hereinafter referred to as ‘impugned award’) passed by Employees Compensation Commissioner, Udaipur in Claim Case No. 22/2011 seeking relief that the impugned award be kindly quashed and set aside. The respondent no. 3/employer in the appeal, who is the owner of Tanker bearing registration No. RJ27 GA 5631, has also filed a misc. Cross Objection under Order 41 Rule 22 of CPC, 1908 in the appeal against the impugned award dated 11.03.2015 seeking the relief that the impugned award be quashed and set aside qua the cross objector.
Facts:
2. The facts germane to the present appeal and cross objection are that one Lehar Singh (hereinafter ‘deceased’) was employed by respondent no. 3/employer (hereinafter ’Cross Objector/employer’) as cleaner on her tanker bearing registration no. RJ27 GA 5631(hereinafter ‘tanker’), which was registered and insured in the name of Lad Kanwar (’Cross Objector/employer’).During the course of
The right to compensation under the Employees Compensation Act vests in dependants immediately upon the employee's death, and can be claimed by legal representatives if the dependant dies before fili....
Parents can qualify as dependents under the Workmen’s Compensation Act if they can show they were wholly or partially dependent on the deceased's earnings at the time of death.
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 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.
Only one claim petition is maintainable per cause of action under the Employee’s Compensation Act, preventing subsequent claims by other dependents once a settlement has been reached.
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 central legal point established in the judgment is the requirement for irrefutable evidence to establish the employee-employer relationship and the importance of statutory requirements in fixing ....
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