Back
J. J. MUNIR
New India Assurance Company Limited – Appellant
Versus
Mohd. Aslam – Respondent
JUDGMENT :
This appeal under Section 30 of the Employees’ Compensation Act, 1923[‘the Act of 1923’ for short] is directed against the judgment and award of the Employees’ Compensation Commissioner, Moradabad (then called the ‘Workmen’s Compensation Commissioner’) dated 02.02.2008, awarding compensation to the claimants for the death of their son, in the sum of 4,33,820/- and Rs.4,33,820/- and other incidental reliefs.
2. This appeal was entertained by a Division Bench of this Court on 21.04.2008, though not formally admitted to hearing. The question that would tentatively be involved was also indicated in the order of the day, though not formulated as such. The appeal was later on admitted to hearing vide order dated 09.12.2019, albeit without framing the question/ questions involved.
3. On 24.02.2022, when the appeal came up, the following substantial question of law was framed :
The main legal point established is that the proviso to Section 21(1)(b) of the Employees’ Compensation Act imposes a mandatory notice requirement for a non-jurisdictional Compensation Commissioner t....
The court emphasized the limited jurisdiction of the High Court under Section 30 of the Act to substantial questions of law only, and the findings of fact made by the Commissioner.
The Commissioner can award higher compensation than sought if justified, and failure to provide notice is inconsequential if the employer was aware of the accident.
The appeal under Section 30 of the Workmen's Compensation Act is limited to substantial questions of law, and findings of fact by the Commissioner are final unless shown to be perverse.
The court determined that misapplication of territorial jurisdiction constitutes a substantial question of law, warranting appellate review and remand for further proceedings.
Workmen’s Compensation Act, 1923 is a social welfare legislation and it must be given a beneficial construction – Matters thereunder are to be adjudicated with due process of law and also with a keen....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
