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2009 Supreme(MP) 434

ABHAY M.NAIK
UNITED INDIA INSURANCE CO LTD – Appellant
Versus
LAVKUSH PRASAD – Respondent


Advocates Appeared:
Manoj Kushawaha, RAJNEESH GUPTA, Suresh Raj,

Judgment

( 1. ) THIS appeal preferred under section 30 of the workmens Compensation Act, 1923 was admitted on 4. 3. 98 without formulation of substantial question of law. It has been heard today finally on the following substantial questions of law.

(1) "whether the learned Commissioner for Workmens compensation, Labour Court Satna has acted illegally in fastening the liability of penalty and interest on the appellant-Insurance Company?" (2) "whether the learned Commissioner for Workmens compensation has power or jurisdiction to levy interest and penalty from the date of occurrence of accident ?"

( 2. ) SHORT facts involved herein are that the respondent no. 1 was in the employment of respondents no. 2 and 3. During the course and arising out of employment, respondent no. 1 met with an accident resulting into non-fatal injuries and disability to the extent of 35%. He filed application under section 10 of the act for seeking compensation before the Commissioner for Workmens Compensation, labour Court Satna. Notices were served by the Commissioner on the appellant and respondents no. 2 and 3. Claim petition was opposed, however, learned Commissioner after framing issues and recording ev


























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