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K. J. THAKER
National Insurance Co. Ltd. – Appellant
Versus
Kela Devi – Respondent
JUDGMENT :
1. Heard learned counsel for the appellant.
2. By way of this appeal, National Insurance Co. Ltd. has challenged the judgment and award dated 12.10.2004 passed by Workmen's Compensation Commissioner/Deputy Labour Commissioner Agra, Region Agra in Workmen Compensation Case No. 113 of 2002 awarding compensation of Rs.2,27,738/- with interest at the rate of 12%.
3. On perusal memo of appeal, this Court finds that following substantial questions of law has been framed :
(ii) Whether the learned court below considered the driving licence report of R.T.O. Etah and certified copy of register of D.T.O Kota, having entry of original licence no. 12938/Kota Raj/97, which was found to be issued in the name of Ram Nath son of Lakhanji and not in the name of driver Ram Nath Son of Sri Ram?
(iii) Whether the court below was right in passing the award against the appellant company without framing the issues and without considering the application moved by the appellant company for framing the issues?
(iv) Whether the court below was right in holding that the driver of the truck Ram
The findings of fact in a claim petition under the Workmen's Compensation Act are required to be proved with the aid of evidence, and once proved, the findings are regarded as findings of fact. The c....
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.
The appellate jurisdiction of the High Court is confined only to examine the substantial questions of law arising in the case, as provided under Section 30 of the Workmen's Compensation Act, 1923.
The High Court's jurisdiction under Section 30 of the Workmen's Compensation Act is limited to substantial questions of law, preventing re-appreciation of evidence or disturbance of factual findings.
The appeal under Section 30 of the Workmen's Compensation Act is confined to substantial questions of law, prohibiting re-evaluation of factual findings.
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