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HIGH COURT OF UTTARAKHAND AT NAINITAL
RAVINDRA MAITHANI
Manju Devi – Appellant
Versus
National Insurance Company Limited – Respondent
| Table of Content |
|---|
| 1. introduction of appeal under employee’s compensation act (Para 1 , 2) |
| 2. overview of facts and claims of compensation (Para 3 , 4 , 5 , 7) |
| 3. framework of issues addressed by the court (Para 6 , 8 , 11) |
| 4. arguments regarding employment and claim admissibility (Para 15 , 16 , 18 , 19) |
| 5. consideration of limitation period for claim (Para 27 , 28 , 30 , 31) |
| 6. calculation of compensation based on employment (Para 32 , 34 , 42) |
| 7. final judgment and order of compensation awarded (Para 49 , 50 , 52 , 53) |
JUDGMENT :
Ravindra Maithani, J.
Present appeal is preferred under Section 30 of The Employee’s Compensation Act, 1923 (“the Act”) against the judgment and order dated 21.08.2025, passed by Employees’ Compensation Commissioner/Chief Judicial Magistrate, Rudraprayag, in Employee Compensation Case No.01 of 2025, Manju Devi and others Vs. National Insurance Company Limited and another (“the case”), by which, the application seeking compensation under Section 22 of the Act filed by the appellants has been dismissed.
2. Heard learned counsel for the parties and perused the record.
3. Briefly stated, the appellants filed an application under Section 22 of the Act seeking compen
The appellants were entitled to compensation for the employee's death as relationship with the employer was established, and the claim was not barred by limitation due to timing of civil death declar....
Monthly income includes salary plus proven daily dietary allowance; statutory interest @12% from one month post-accident till deposit; insurer liable to pay compensation for insured vehicle absent po....
Employer-employee relationships can be valid even among relatives; compensation interest must start from the accident date, not the award date.
Claimants must prove genuine employer-employee relationship with cogent evidence, especially documentary proof, when deceased is family member of owner; self-serving testimonies and fabricated docume....
Workmen’s compensation - Natural death - Death by heart attack is an accident is well recognized.
The establishment of an employer-employee relationship is essential for claiming compensation under the Employee’s Compensation Act, and the liability for interest on compensation lies with the emplo....
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