Partly allowed

The New India Insurance Co. v. Rajjo Bai and Anr.

Chhattisgarh HC8 Sept 2013MA/889/1999

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh allowed a miscellaneous appeal challenging the imposition of a 50% penalty in a workmen compensation case. The court held that the authority acted illegally by imposing the penalty without providing an opportunity to show cause to the appellant. The appeal was partially allowed.

What did the court decide?

Imposition of 50% penalty without an opportunity to show cause quashed; award of compensation sustained.

The New India Insurance Co. Vs Rajjo Bai and Anr. — Service and Employment | Chhattisgarh HC (2013)

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'm .1 THE HIgH EDUR I OF JUCATUREDI AT JnaALPUR'.>P.,M m.A .No.⁵³³ or 19 99 Applelantelant The Ngw-Inadi assurance Company ‘NAi2 gNo. Limited Second‘Fobr,l Raipu r DevElopment Authurity,8hauan, B ajrang Market, E.E. Road, Raipur through RSSistant M anager (Legal Cell ) Napier) Tnwh, Jbalpur.q M.P.

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Applelantelant ‘NAi2 gNo.

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VS.

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Res p anent Cilamant NA;.EU.1.

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Rajg‘Baij wfei O F $hr i N&rn‘wai gr Snna,ih Tehsli Saaj, DisrQV‘tit Burg, mp. aged about 31 y,%ears Village, Devkar , Distridt DurNgg Rtlaanal $ urana 3bn o.Ltef? Shri’Narsinghma/$urana,l Rsidentf 5? Geedam, T ehsil Dantewaa,‘Districtr Danteuaa,:: M..P

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MUPALEMBRANDN‘UF'APE UNDER SECIONT 3U‘DF THE NUR'SKMEN CGNNATIUPESN ET 1§ 23 §G IN$T QN' ' WARD DATED 24/2/9 pASSEDB‘Y'THE mm F UP MKFORMN §UPSATINMEPU L EUD ,‘“ I N C^QSE NQ . L RL SURENA $N D NDT HE 7 ‘T he appbl

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Misc. Appeal No. 8890f 1999 Page 1 of 2

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h ‘ w

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HI H COURT OF CH ATTISGARH AT BILASPUR @ Miscellaneous Appeal No. 889 of 1999

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APPELLANT The New India Assurance Company N.A.No‘.2 Limited. ‘ A ' VERSUS

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i x

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RESPONDENTs 1 Rajjo Bai Claimant ‘ " N.A. No.1 2 Ratanlal Surana

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[Misc.^Appeal under Section 30 oF the Workmen's Compensation Act, 1923]

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Presen t:

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Mr. Raj Awasthy, Advocate For the appellant. None For the respondents.

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SB: Hon'ble Mr. T.P. Sharma,J.

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ORDER

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(Passed^on 09.09.2013)

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By this appeal under Section 30 of the Workmen's Compensation Act, 1923 'the (For^short Act, 1923‘) the appellant has challenged the legality and propriety^oF the award dated 24.02.1999 passed by the Commissioner For Workmen Compensation / Labour Court, Jagdalpur in Case No. 20/96/WC Act Fetal, only relating to imposition oF penalty. The authority below has ‘ awarded compensation OF Rs.1“,18,236/- and 50% penalty oF Rs. 59,1 1 8/—.

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Learned counsel For the appellant submits that penalty has been awarded along with compensation under Section 4A oF the Act, 1923. As per proviso to sub Section (3) oF Section 4A oF the Act, 1923, the authority below is not competent to award penalty to the extent oF 50% without providing opportunity to show cause to the appellant and by not- providing opportunity to show cause, the authority below has committed an illegality. Undisputedly, as pef record and the award impugned, the authority below has not provided opportunity to show cause that why penalty should not be

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Misc. Appeal^{No.8890f1999.} Page 2 of²

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Chandra

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Consequently, the‘ appeal is party allowed. Award OF compensation is hereby sustained, however, imposition of penalty without providing No order^astocosts. opportunity^{toshowcauseisherebyquashed.} r Sd/— . x ‘ a, T. P. Shanna ' i '- > > ‘ J Vs. h Judge R > :7

The New India Insurance Co. v. Rajjo Bai and Anr.

Case brief

What is this about?

What did the court decide?

The New India Insurance Co. v. Rajjo Bai and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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