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AJAY MOHAN GOEL
New India Assurance Company Ltd – Appellant
Versus
Savitri Devi, Wd/o Sh. Mohinder Kumar – Respondent
JUDGMENT :
As despite repeated calls, none has put in appearance on behalf of the respondents, they are proceeded against ex parte.
2. By way of this appeal, the Insurance Company has challenged award dated 20.03.2010, passed by the learned Commissioner, Workmen’s Compensation Act-Cum-S.D.O.(Civil), Churah, Distt. Chamba (H.P.)., in Case No.02 of 2006, titled Smt. Savitri Devi & others Versus Shri Ramesh Kumar & another, in terms whereof while allowing the claim petition preferred by the claimants under the provisions of Workmen’s Compensation Act, learned Commissioner has awarded an amount of Rs.5,44,919/- in favour of the claimants. This appeal was admitted on 13.10.2011 on the following substantial questions of law:-
2. Whether the learned Commissioner has gravely erred in directing the appellant to pay penalty in its failure to deposit the compensation amount within one month from the passing of the award ?”
3. I have heard learned Senior Counsel appearing for the appellants and have gone through the record of the case as well a
S. 3 of the Workmen’s Compensation Act, inter alia, provides that if personal injury is caused to a workman by an accident arising out or in the course of his employment, his employer shall be liable....
The central legal point established in the judgment is that for an employer's liability for compensation, there must be a causal relationship between the accident and the employment, as per Section 3....
The central legal point established in the judgment is that the court found the deceased died due to an accident arising out of and in the course of his employment, based on the evidence presented by....
An injury is compensable if it arises out of and in the course of employment, establishing a causal connection between the accident and the workman’s duties.
Employer's liability to pay as per Commissioner's award and the same varied between wages actually drawn by deceased employee and wages shown by employer as payable to employee for purpose of payment....
The central legal point established in the judgment is the interpretation of 'arising out of and in the course of employment' under the Workmen's Compensation Act, 1923, and the emphasis on a liberal....
Point of Law : None of factual findings are found to be either perverse or arbitrary or based on no evidence or against any provision of law.
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