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HIGH COURT OF JAMMU AND KASHMIR
SHIVALIK GEO TECH SERVICES TH. GURCHARAN SINGH – Appellant
Versus
MULKH RAJ AND OTHERS – Respondent
ORDER :
1. The appellant-Shivalik Geo Tech Services Mohali based industrial concern in whose employment one Sunil Kumar serving as a Drilling Operator came to suffer accident resulting in his death while operating a drilling machine at Udaipur in district Lahoul (H.P). The occurrence took place on 28.06.2012.
2. The parents of the deceased-Sunil Kumar came to approach the Commissioner under the Employees Compensation (Assistant Labour Commissioner), Jammu with a claim petition under section 4-A of the Employees’ Compensation Act, 1923 on 26.05.2018 on file No. 24-D/E C. Act/2018 after earning condonation of delay in the matter of filing the claim petition.
3. In this claim petition, the appellant came to be impleaded as the respondent No. 1 whereas the insurer-National Insurance Company Limited came to be impleaed as the respondent No.2.
4. The appellant caused its appearance in the case and submitted its reply and thereafter on account of Covid-19 intervention, the appellant is said to have suffered ex parte proceedings whereas the National Insurance Company Limited attended the proceedings in the case which resulted in issuance of an award dated 15.11.2021 thereby awarding a compensa
Statutory deposit is mandatory for appeals under the Employees’ Compensation Act, affecting the stay of recovery orders.
The court addressed the liability of the insurer under the Employees Compensation Act, emphasizing the need for proof of accident arising out of employment.
Non-compliance with the deposit requirement under the Workmen's Compensation Act renders an employer's appeal not maintainable.
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....
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