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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SUSHIL KUKREJA
National Insurance Company Limited – Appellant
Versus
Mala Vati – Respondent
JUDGMENT :
Sushil Kukreja, J.
Since both these appeals are the offshoots of impugned order dated 26.08.2023, passed by learned Employees Compensation Commissioner, Court No. 1, Mandi, H.P. (hereinafter referred to as the learned Commissioner), they are taken up together for consideration and disposal.
2. Appellant-National Insurance Company Limited, who was respondent No. 2 before the learned Commissioner below, maintained appeal (FAO No. 322 of 2023) under Section 30 of the Employee’s Compensation Act (for short “the Act”), against award dated 26.08.2023, passed by learned Commissioner below under Employee’s compensation Act, in Case Registration No. 1 of 2021, whereby the learned Commissioner allowed the petition filed by Smt. Mala Vati (one of the respondents herein), who was petitioner (claimant) before the learned Commissioner below, under Section 3 read with Section 22 of the Act and granted her compensation to the tune of Rs.24,36,588/-, with a prayer to quash and set-aside the impugned award by dismissing the claim petition filed by the petitioner/claimant.
3. One of the respondents before the learned Commissioner below, Smt. Girja Thakur (owner of the vehicle) also filed appea
Monthly income includes salary plus proven daily dietary allowance; statutory interest @12% from one month post-accident till deposit; insurer liable to pay compensation for insured vehicle absent po....
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....
The insurer is liable for compensation under the Employees’ Compensation Act but not liable for penalty due to employer's personal fault.
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 ....
The establishment of an employer-employee relationship is essential for claiming compensation under the Employee’s Compensation Act, and the liability for interest on compensation lies with the emplo....
The insurance company is not liable for compensation if the driver lacked a valid driving licence at the time of the accident.
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