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JYOTSNA REWAL DUA
New India Assurance Co. Ltd. – Appellant
Versus
Rukmani – Respondent
JUDGMENT :
Jyotsna Rewal Dua, J.
The insurer is in appeal against the judgment dated 31.12.2012 passed under Section 22 of the Workmen’s Compensation Act awarding compensation of Rs. 6,40,710/- to the claimant alongwith interest @ 7% per annum w.e.f. 23.09.2006 till realization.
2. Respondent No.1 filed claim petition with the averments that her son Sh. Subhkaran was working as a truck driver with respondent No.2. He was being paid salary @ Rs.2500/- per month +Rs.120/- per day diet money. Her son was unmarried and the only bread earner of the family consisting of his parents and two younger brothers. He met with an accident while driving the truck on 23.08.2006, which resulted in his death. Respondent No.2, the owner of the truck was proceeded ex-parte. The insurer opposed the claim petition. Learned Court below vide its judgment dated 31.12.2012 held that deceased Sh. Subhkaran was a workman within the purview of the Workmen’s Compensation Act. He died in the course of his employment. His monthly wages were taken as Rs. 2500/- + Rs. 3600 as monthly diet money. Thus in all, month
Section 4(1)(a) of Act contains Amount of compensation.
The Employee’s Compensation Act allows for compensation based on the actual monthly wages of an employee without a statutory cap, reflecting the legislative intent to provide fair compensation for wo....
The burden of proof and the retrospective application of amended provisions of the Act were the central legal points established in the judgment.
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 main legal point established is the interpretation and application of Section 4(A) of the Workmen Compensation Act, particularly in determining the calculation of compensation and the liability o....
The court held that the Commissioner must adhere to the wage cap of Rs. 8,000/- as per the Central Government notification when calculating compensation under the Employees Compensation Act.
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