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K. J. THAKER
Branch Manager United India Insurance Co. Ltd. – Appellant
Versus
Nagendra Tiwari – Respondent
| Table of Content |
|---|
| 1. background of compensation claim (Para 1 , 2) |
| 2. contestation of disability percentage (Para 3 , 4) |
| 3. nature of appeal and substantial questions of law (Para 5 , 6 , 7 , 8) |
| 4. court's decision on appeal (Para 9) |
| 5. disposal of appeal and interim relief (Para 10) |
JUDGMENT
Dr. Kaushal Jayendra Thaker, J.
Heard Shri Saurabh Srivastava, learned counsel for the appellant-Insurance Company and Ms.S.R. Gupta, learned counsel for the respondent. None appears for the employer.
2. By way of this appeal, United India Insurance Company Ltd. has challenged the judgment and award dated 8.9.2005 passed by Workmen's Compensation Commissioner, and Assistant Labour Commissioner, Saharanpur in WCA No.10 of 2004 awarding compensation of Rs.2,87,209/- (with interest) to the claimants.
3. Learned counsel for the appellant submits that the certificate shows that the disability is only 17% and there is amputation of three flanges of the upper limb but the Tribunal has considered the injury to be causing 100% disability, which could not have been done.
4. Learned counsel for the respondents submits that this a pure question of fact, which cannot be gone into by this Court in the light of the j
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 assessment of compensation under the Workmen’s Compensation Act depends on the impact of permanent disability on earning capacity, and the Insurance Company is not liable to pay interest unless t....
The Commissioner is the last authority on facts, and the appellate jurisdiction of the High Court is confined only to examining substantial questions of law.
Limited jurisdiction of the High Court under Section 30 of the Workmen’s Compensation Act, 1923, allows appeals only on substantial questions of law.
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.
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