This court dismissed the Executive Engineer's appeal and partially allowed the claimant's appeal holding that compensation expiry should attract 12% interest since the accident date as Section 4-A(3) mandates such relief.
Interest at 12% per annum payable from the date of the accident.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 1
Case :- FIRST APPEAL FROM ORDER No. - 102 of 2019
Appellant :- Mamtesh And 2 Others Respondent :- Mesers Mateshwari Engineering And Electrical Works And 2 Others Counsel for Appellant :- ,Ranjana Srivastava Counsel for Respondent :- Atul Kumar,Ashwini Kumar Singh,Atul Kumar,Pranjal Mehrotra,Ranjana Srivastava
with
Case :- FIRST APPEAL FROM ORDER No. - 195 of 2019
Appellant :- Executive Engineer Vidyut Vitran Khand And Another Respondent :- Mamtesh And 3 Others Counsel for Appellant :- Pranjal Mehrotra,Ashwini Kumar Singh,Ranjana Srivastava
Hon'ble Vivek Agarwal,J.
therefore, no award could have been passed against the appellants who were respondent nos.2 and 3 before the Tribunal.
Order Date :- 22.1.2021 Ashutosh
3 issues framed by the court
Whether interest under Section 4-A(3) of the Employees Compensation Act is mandatory and payable from the date of the accident.
Whether the subcontractor is liable to pay compensation when the deceased was employed by them but the main defendant subletted the work.
Whether the award passed by the Commissioner is legally sustainable against the Government appeal.
2 provisions across 2 enactments
Mamtesh and 2 Others
Mesers Mateshwari Engineering And Electrical Works And 2 Others
Executive Engineer Vidyut Vitran Khand And Another
Mamtesh And 3 Others
Vivek Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
