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RAJESH SEKHRI
Divisional Manager, JKSFC Bhaderwah – Appellant
Versus
Mohd. Sharief – Respondent
JUDGMENT :
Rajesh Sekhri, J.
1. This case pertains to the ordeal of a poor labourer clamoring for justice since 1998 i.e. for the last about 24 years and the present appeal is pending in this Court for the last more than 12 years.
2. This appeal has been directed against an award dated 28.06.2010 passed by the Commissioner under Workmen's Compensation (Assistant Labour Commissioner) Doda in File No. 54/I, vide which the appellant has been held liable to pay compensation of Rs. 1,32,602/- with interest @ 12 % per annum from the date of accident within 30 days from the date of the award, failing which, the amount has been ordered to be recovered as per Section 31 of the Workmen's Compensation Act.
3. Before a closure look at the grounds urged in the memoranda of appeal, it shall be apt to have an overview of the background facts as emerge from the record giving rise to the appeal on hand.
4. It appears that the respondent met with an accident on 06.07.1998 and received personal injuries while in the employment of the appellant at Pathroo Work in Compartment No. 7, Point No. 2. The respondent was admitted in District Hospital, Doda and is stated to have sustained left knee joint dislocatio
An employer appealing against a compensation award under Section 30(1)(a) of the Workmen's Compensation Act must deposit the awarded compensation amount, but is not required to deposit interest or pe....
The court clarified that under the Employee's Compensation Act, entitlement to interest begins from the date of the accident, and appeals against refusals of interest and penalty are maintainable.
The main legal point established in the judgment is the distinction between questions of fact and substantial questions of law in appeals under Section 30 of the Employee's Compensation Act, 1923. Th....
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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