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SANJAY KUMAR DWIVEDI
Meena Devi, wife of late Sewa Rai – Appellant
Versus
Rameshwar Prasad Yadav, son of late Somari Yadav – Respondent
JUDGMENT :
Heard Mr. Arvind Kumar Lall, learned counsel for the appellants and Mr. D.C. Ghosh, the learned counsel appearing for the respondent nos.5 and 6/Insurance company.
2. The notice upon the respondent nos.1 to 4 have been validly served, however, nobody has appeared on behalf of the respondent nos.1 to
3. The present appeal has been filed against the judgment/award dated 08.10.2013 passed in W.C. Case No.62 of 2011 by the learned Presiding Officer, Labour Court, Deoghar.
4. The claim application was filed stating therein that on 11.03.2008 Etwari Rai, Chhoti Mahto, Seva Roy, Nunman Roy, Narayan Mahto, Sakaldeo Prasad Yadav were workmen under the instruction of their employer Rameshwar Prasad Yadav and others, O.P.No.1 to 4 were working. They used to help the employer in agricultural work and also other work. On the fateful day all the workmen loaded cements, iron rods etc. of the employer for the purposes of construction of a well in the agricultural land in village Ghanghari –Kurha, P.S. Tisri, District Giridih. At about 9.30 P.M. on 11.3.2009 the tractor with trailor bearing No.BR-23A-2006 and BR-23A-2007 reached in Ambaghati on Ghangari-Kurha-Doranda Main Road under P.S. Tis
Interest should be calculated from the date of the accident, and the Khoraki amount should be included in the compensation, as per the Employee's Compensation Act and relevant legal precedents.
Claimants entitled to interest at 12% from the date of the accident under the Workmen’s Compensation Act, ensuring fairness and adherence to beneficial legislation.
Insurer liable for statutory interest under Employees’ Compensation Act despite policy exclusion, upon timely notice.
Section 4 of Employee’s Compensation Act, 1923, existed when unfortunate accident took place.
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....
Point of Law : Objective of amendment was to remove a deeming cap on monthly income of an employee and extend to them compensation on basis of actual monthly wages drawn by them, however, there was n....
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