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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SUSHIL KUKREJA
National Insurance Company Limited – Appellant
Versus
Mala Vati – Respondent
| Table of Content |
|---|
| 1. linked appeals against compensation award heard together. (Para 1 , 2 , 3 , 4 , 12) |
| 2. driver died in accident during employment course. (Para 5 , 6 , 7) |
| 3. commissioner allowed claim; appeals challenge errors. (Para 8 , 9 , 10 , 11) |
| 4. contentions on income, interest period, liability. (Para 13 , 14) |
| 5. evidence establishes rs.14,000 monthly income. (Para 15 , 16 , 17 , 18) |
| 6. interest from one month post-accident per sec.4a. (Para 19 , 20) |
| 7. interest calculated for 2 years 9 months. (Para 21) |
| 8. insurer liable absent policy breach. (Para 22) |
| 9. award modified; insurer to pay. (Para 23 , 24) |
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 Commissione
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....
Claimants must prove genuine employer-employee relationship with cogent evidence, especially documentary proof, when deceased is family member of owner; self-serving testimonies and fabricated docume....
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....
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