National Insurance Company Ltd. v. Kalachand Sarkar and Anr.
Employees' Compensation Act, 1923 – S.30 – appeal against Commissioner's award in Claim Case No.469 of 2010
Case brief
What is this about?
FMAT (WC) 14 of 2024; National Insurance Company Ltd. v. Kalachand Sarkar & Anr.; admission-stage refusal under Section 30, Employees' Compensation Act 1923; first proviso to Section 30(1); substantial question of law; khalasi; employer-employee relationship; truck ownership and insurance policy; P.W.1 deposition; findings of fact not disturbed at admission; protection of workers from unending litigation; Claim Case No.469 of 2010; Commissioner of Employees' Compensation (1st Court) West Bengal; condonation of 15 days' delay; CAN 1 of 2024; CAN 2 of 2025; appeal dismissed, no costs; decision dated 07.08.2025; bench: Soumen Sen, J. and Apurba Sinha Ray, J.
What did the court decide?
No relief to the appellant: appeal and condonation application dismissed, no order as to costs; claimant/award-holder permitted to realise and receive the awarded compensation upon proper identification.