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KAUSHAL JAYENDRA THAKER
New India Assurance Co. Ltd. – Appellant
Versus
Guddi @ Sarojni – Respondent
JUDGMENT :
(Kaushal Jayendra Thaker, J.) :
Heard learned counsel for the appellant.
2. By way of this appeal, The New India Assurance Company Limited has challenged the award dated 23.8.2004 passed by Workmen's Compensation Commissioner, Assistant Labour Commissioner, Kanpur Region, Kanpur in Case No. WCA 121 of 2003 awarding compensation of Rs. 211790/-with interest at the rate of 6%.
3. The brief facts leading to the litigation as culled out from the judgment are that a claim was filed by the claimants claiming compensation for the loss of their breadwinner who admittedly was a cleaner on the vehicle owned by the the respondent - owner and on the fateful date i.e.22.5.2003 the vehicle met with an accident. A claim petition was filed before the Workmen's Compensation Commissioner, Kanpur claiming a sum of Rs. 4,23,580/- with 12% rate of interest.
4. The respondent No. 1 has admitted the fact that the deceased was employed with him and the vehicle was insured with the insurance company. After elaborate evidence being laid the learned Commissioner awarded the award in favour of the claimant. I have even perused the Annexure 2 of the investigating officer but nowhere it has been menti
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 High Court's jurisdiction under Section 30 of the Workmen's Compensation Act is limited to substantial questions of law, and it cannot re-evaluate factual findings.
The court emphasized that the findings of the Workmen's Compensation Commissioner, based on sound appreciation of evidence, should not be disturbed unless a substantial question of law is involved.
The High Court's jurisdiction in appeals under the Workmen Compensation Act is limited to substantial questions of law, and it cannot re-evaluate evidence or findings of fact.
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.
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