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K. J. THAKER
Branch Manager National Insurance Ltd. – Appellant
Versus
Pramod Kumar Yadav – Respondent
JUDGMENT :
[Kaushal Jayendra Thaker, J.]
1. By way of this appeal, the appellant had challenged the award and after the allegation of the advocate, despite the fact that notice was served, no one has appeared on behalf of the appellant.
2. As far as the respondents are concerned, the notice has been served and Shri Kailash Singh Yadav, learned counsel has been instructed to appear on their behalf.
3. The present appeal involves following substantial questions of law:
b) Whether the case was covered under Section 3 of the Workmen's Compensation Act 1923, and if not, whether the Appellant Company, being the indemnifier only, is liable to pay any compensation?
c) Whether the court below could have granted interest @ 12% p.a. that too from the date of accident?
4. So far as Question No. 'c' is concerned, it is covered by the statutory provisions under Section 4(a) of the Act. The recent judgment of the Apex Court in
Point of Law : None of factual findings are found to be either perverse or arbitrary or based on no evidence or against any provision of law.
The court established that claims can be made under both the Workmen's Compensation Act and the Motor Vehicles Act, and factual findings by the Commissioner are binding unless proven otherwise.
An insurance company is not liable for interest on workmen's compensation awards, as liability rests solely with the employer under the Workmen’s Compensation Act.
Under the Employee's Compensation Act, 1923, the employer's negligence is not required to be proven for compensation claims, and the defenses available to insurers are limited in such cases.
there is no liability on the opposite party No.3 when the opposite party No.1 employer categorically deposed that the deceased was not employed by him at any time and that the death did not take plac....
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