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NARENDRA SINGH DHADDHA
National Insurance Company Ltd. – Appellant
Versus
Tulchi – Respondent
JUDGMENT :
Narendra Singh Dhaddha, J.
1. This Civil Misc. Appeal has been filed by the appellant-Insurance Company (for short 'the Insurance Company') under section 30 of Workmen's Compensation Act, 1923 (for short, the Act of 1923) against the judgment dated 17.02.2020 passed by learned Workmen Compensation Commissioner, Sikar in claim case No. E.C.C.F-60/2012 titled as Tulchi & Ors. v. Rajesh Kumar & Ors., whereby an amount of Rs. 7,88,240/- with interest @ 12% from the date of the accident has been awarded as compensation in favour of the claimants-respondents (for short 'the claimants') and against the Insurance Company and Rs. 5,000/- has also been awarded as funeral expenses.
2. Learned counsel for the Insurance Company submits that learned Commissioner wrongly allowed the claim petition filed by the claimants. Learned counsel for the Insurance Company also submits that there was no relationship of employer and employee between the deceased and the insured. He further submits that as per the material available on record (FIR) the vehicle insured by the Insurance Company was being used for hire and reward purposes. The income of the deceased has been assessed at higher side. So,
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 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.
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 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 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 judgment established the principle that the High Court's jurisdiction under the Workmen's Compensation Act is confined to examining substantial questions of law only.
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