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HIGH COURT OF JAMMU AND KASHMIR
RAHUL BHARTI, J
NATIONAL INSURANCE CO. – Appellant
Versus
DHANI RAM ( LR OF LATE HAR DEI) AND ANR. – Respondent
ORDER :
1. Respondents No. 1 & 2 had petitioned the Commissioner Employees Compensation (Assistant Labour Commissioner), Jammu with a claim petition on file No. Death-16/E.C. Act/2012 on 07.04.2012 for seeking compensation under the Employees Compensation Act, 1923 for the death of their son – Darshan Lal, who is said to have suffered accidental injuries in the course of his purported employment as driver of vehicle No. JK02A-3509 insured by the appellant.
2. The Commissioner Employees Compensation (Assistant Labour Commissioner), Jammu came to award a compensation of Sr. No. 19 2 MA No. 144/2017 IA No. 2/2018 an amount of Rs.4,07,700/- along with interest of an amount of Rs.1,20,300/-, totalling to Rs.5,28,000/- in favour of the claimants/ respondents No.1 & 2 herein by virtue of an award dated 31.03.2017 against which the appellant as an insurer of the offending vehicle came forward with the present statutory appeal.
3. By virtue of an order dated 05.06.2017, the operation of the impugned award was stayed subject to deposit of the awarded amount along with updated interest.
4. During the pendency of the instant appeal, the respondent No. 1-Har Devi, the mother of the deceased-Darshan
The court addressed the liability of the insurer under the Employees Compensation Act, emphasizing the need for proof of accident arising out of employment.
The central legal point established in the judgment is that the driving license status of the deceased did not absolve the employer or the Insurance Company from liability to pay compensation under t....
Non-compliance with the deposit requirement under the Workmen's Compensation Act renders an employer's appeal not maintainable.
Statutory deposit is mandatory for appeals under the Employees’ Compensation Act, affecting the stay of recovery orders.
The central legal point established in the judgment is that the court found the deceased died due to an accident arising out of and in the course of his employment, based on the evidence presented by....
The court emphasized the jurisdiction of the Commissioner, the provision for interest under Section 4A, and the liability of the employer under Section 3(1) of the Employee's Compensation Act.
S. 3 of the Workmen’s Compensation Act, inter alia, provides that if personal injury is caused to a workman by an accident arising out or in the course of his employment, his employer shall be liable....
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