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AJAY MOHAN GOEL
Oriental Insurance Company Ltd. – Appellant
Versus
Rattani Devi – Respondent
JUDGMENT :
Ajay Mohan Goel, J.
By way of this appeal, the appellant-Insurance Company has assailed award dated 25.04.2014, passed by the Court of Commissioner under the Employee’s Compensation Act, 1923, Bilaspur, District Bilaspur in WC No. 3/2 of 2011/10, titled Smt. Rattani Devi vs. Smt. Pushp Lata and another, in terms whereof, the claim petition preferred by respondent No.1 herein was allowed by the learned Commissioner in the following terms:-
2. This appeal was admitted on 23.02.2015, on the following substantial questions of law:-
Point of Law : Objective of amendment was to remove a deeming cap on monthly income of an employee and extend to them compensation on basis of actual monthly wages drawn by them, however, there was n....
Section 4 of Employee’s Compensation Act, 1923, existed when unfortunate accident took place.
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 ....
Point of Law : 12. Liability of interest has to be borne by insurer as liability is attached to amount of awarded compensation under Act, which insurer is liable to indemnify and as necessary corolla....
The burden of proof and the retrospective application of amended provisions of the Act were the central legal points established in the judgment.
The central legal point established in the judgment is the assessment of the deceased's monthly wages in accordance with the provisions of the Employees Compensation Act and relevant case law.
The court emphasized that factual issues such as accident, employment relationship, and negligence are crucial in determining liability under the Employees Compensation Act.
The appellants were entitled to compensation for the employee's death as relationship with the employer was established, and the claim was not barred by limitation due to timing of civil death declar....
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