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AJAY BHANOT
New India Assurance Company Limited – Appellant
Versus
Yamin – Respondent
JUDGMENT :
Ajay Bhanot, J.
The judgment is being structured in the following conceptual framework to facilitate the discussion:
| I | Introduction |
| II | Findings in the impugned award |
| III | Submissions of learned counsels |
| IV | Substantial questions of law |
| V | Consideration and analysis |
| VI | Conclusions & Directions |
| VII | Appendix |
2. The instant appeal arises out of an award made by the learned Workmen's Compensation Commissioner & Assistant Labour Commissioner, U.P. Ghaziabad Region, Ghaziabad in Case No. W.C. 239/2009 (Sri Yamin v. M/s. Saini @ Private Ltd. and another) on 19.6.2013 under the Workmen's Compensation Act, 1923 ((hereinafter referred to as W.C. Act).
3. By Section 4 of the Workmen's Compensation (Amendment) Act, 2009 (45 of 2009) nomenclature of the Act has been amended by substituting the word ''Employee's'' for the word ''Workmen's'' (w.e.f. 18.1.2010). Now the Act stands as THE EMPLOYEE'S COMPENSATION ACT, 1923 (8 of 1923) (Came into force on 1.7.1924). In this view the Workmen's Compensation Act shall be referred to as Emplo
The court held that claims under the Motor Vehicles Act are maintainable even if the deceased was covered under the Employees' State Insurance Act, provided the injury is not an 'employment injury'.
Point of Law : Motor Vehicle - Accident - seeking enhancement of the award amount - Liability of insurance company - since the Insurance Appeal was mostly involving an attempt to reduce the compensat....
The main legal point established in the judgment is that provident fund contribution should not be deducted from the deceased's salary while computing compensation, and 50% of the actual income shoul....
Future prospects cannot be included in compensation calculations under Section 163A of the Motor Vehicles Act, as it operates under a structured formula distinct from Section 166.
Compensation under the Motor Vehicles Act must be just, fair, and reasonable, considering future prospects and qualifications of the deceased.
The court affirmed that compensation for loss of life must be just and adequate, emphasizing that benefits from compassionate appointments do not offset the loss of future earnings.
Compensation claims require evident substantiation of income and employment status to justify future prospects under motor accident claims; liability confirmed against insurance when deceased engaged....
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