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M. A. CHOWDHARY
United India Insurance Company Limited – Appellant
Versus
Mst. Fareeda – Respondent
JUDGMENT :
1. The instant appeal, under Section 30 of the Workmen’s Compensation Act, 1923 has been preferred by the Appellant-Insurance Company against the award dated 8th of December, 2012 passed by the learned Commissioner, Kashmir Division, Srinagar/ Deputy Labour Commissioner, Srinagar in a claim Petition titled ‘Abdul Aziz Bohru & Anr. v. Ghulam Rasool Sheikh & Ors.’, whereby the claimants were held entitled to a total compensation of Rs.3,94,120/- in terms of Section 4 read with Schedule (IV) of the Act of 1923, from the date of the announcement of the award.
2. The impugned award has been assailed by the Appellant-Insurance Company, inter alia, on the grounds that the award is against the facts as well as law; that the deceased Nazir Ahmad Bohru was in the employment of Respondent-Ghulam Rasool Sheikh and got killed in an unfortunate accident as he was crushed by a falling stone from the Stone Quarry of the said Respondent-Ghulam Rasool Sheikh, while extracting stones and under the personal accident policy, the Respondent-Fareeda had received compensation (insured amount) from the Appellant-Insurance Company.
3. It was alleged that the claimants-father and wife of the decea
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 ....
Under Section 4(1)(c)(ii) of the Act, the percentage of permanent disability needs to be assessed only by a qualified medical practitioner.
The main legal point established in the judgment is that the Insurance Company is primarily liable to pay compensation to the workmen under the Workmen Compensation Act.
The insurance company is not liable for interest payments under the Workmen's Compensation Act; liability rests with the employer to pay compensation and associated interest.
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