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T. AMARNATH GOUD
Mallika Saha Deb W/o Late Sabyasachi Deb – Appellant
Versus
Putul Rani Deb W/o Shri Khirod Ch. Deb – Respondent
JUDGMENT :
CHIEF JUSTICE (ACTING), J.
1. Heard Mr. Debalay Bhattacharya, learned senior counsel assisted by Mr. Samar Das, learned counsel appearing for the claimant- appellants and also heard Mr. Alik Das, learned counsel appearing for the respondent No. 2-insurance company.
2. The present appeal under Section 30 of the Employees' Compensation Act, 1923 is directed against the award dated 28.04.2021 passed by the learned Commissioner, Employees' Compensation, West Tripura, Agartala in T.S. (E.C.) No. 10 of 2013 whereby the learned Commissioner rejected the claim petition filed by the appellants herein.
3. The case of the appellants, in a nutshell, is that on 25.02.2012 at the dead hours of night while the deceased Sabyasachi Deb was driving the vehicle bearing No. TR-01-Z-0304 and reached near Fatikcherra at about 4.30 a.m., the vehicle dashed a tree in a turning due to brake failure resulting which said Sabyasachi Deb succumbed to his injuries at the spot. It was alleged that deceased aged about 31 years during his lifetime was an employee under his mother would earn wages of Rs.6,000/- per month and beside this, he would also earn Rs.8,000/- from other business and in total his inco
Compensation under the Employees' Compensation Act must adhere to statutory minimum wages, ensuring accurate wage calculations for deceased employees.
Point of Law : 12. Liability of interest has to be borne by insurer as liability is attached to amount of awarded compensation under Act, which insurer is liable to indemnify and as necessary corolla....
The central legal point established in the judgment is the assessment of the deceased's monthly wages in accordance with the provisions of the Employees Compensation Act and relevant case law.
The court established that the amended cap on income under the Employee's Compensation Act must be applied, limiting compensation calculations accordingly.
Compensation claims under the Employee's Compensation Act require proof of an accident arising out of and in the course of employment.
The main legal point established in the judgment is that the findings of fact by the Commissioner, based on the evidence, were not perverse, and there was no substantial question of law for the High ....
An employer is liable for compensation under the Employees' Compensation Act even if the employee was negligent or held a fake driving license, provided the accident occurred in the course of employm....
The court emphasized the requirement of a valid driving license, the existence of an employer-employee relationship, and the determination of the deceased's income for compensation purposes under the....
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