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HIGH COURT OF JUDICATURE FOR RAJASTHAN, BENCH AT JAIPUR
MANEESH SHARMA
Sugani Devi, W/o. Late Shri Chatra Ji Rawal – Appellant
Versus
Nimba Nath, S/o. Shri Gheesa Nath Chatra Ram, S/o. Shri Heera Nath (Deceased) Paras, S/o. Shri Chatra Nath – Respondent
Order :
(MANEESH SHARMA, J.)
1. Present appeal has been filed by the claimants challenging the judgment dated 27.09.2016 passed by the Commissioner, Workmen Compensation Act, Ajmer and Judge, Labour and Industrial Tribunal, Camp Beawar in case No. ECA(F) 131/2015, whereby the claim application filed by the appellant was dismissed.
2. Brief facts giving rise to the present appeal after the claimant filed application before the Commissioner, Workman Compensation Act while stating that deceased Ashok Kumar was working as driver under the employment of Nimba Nath(respondent No.1) driving his Tractor bearing No.RJ-01-R-2915).
3. It is further stated that on 24.10.2004 deceased was discharging his duties as driver and while discharging his duties he met with an accident and sustained injuries and later on he expired. Therefore, the claimant is entitled to seek compensation of Rs.5,42,275/- as per the provisions of Workmen Compensation Act.
4. Respondent No.2 filed reply to the claim petition while stating that deceased was driving his own tractor and no relationship of employer and employee could be established and it was further urged that the insurance policy has been obtained by concealing
The appeal under the Workmen's Compensation Act is limited to substantial questions of law, and findings of fact by the Commissioner cannot be re-evaluated.
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.
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 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 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; it cannot re-evaluate evidence or disturb findings unless they are pervers....
The court established that claims can be made under both the Workmen's Compensation Act and the Motor Vehicles Act, and factual findings by the Commissioner are binding unless proven otherwise.
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....
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