Disposed

(O&M) Smt.Pinki Devi v. Mamo & Ors.

Punjab & Haryana HC16 Oct 2024FAO/3365/1999

Case brief

AI extract

What is this about?

Appeal against a Commissioner's award granting compensation with interest to dependants of a deceased workman. With the employer having admitted the employment and death during its course, the court modified the award by adding a 50% penalty payable by the employer and disposed of the appeal.

What did the court decide?

Penalty of 50% of compensation added, payable by respondent No.1 employer; appeal disposed accordingly.

(O&M) Smt.Pinki Devi Vs Mamo & Ors. — Labour and Industrial Disputes | Punjab & Haryana HC (2024)

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Deepak Kumar 2024.10.21 10:48 I attest to the accuracy and integrity of this document

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FAO-3365-1999 (O&M)

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On the basis of the pleadings of the parties, following issues

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were framed:

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“1. Whether the deceased Naresh was in the employment f the respondent No.1?

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Whether the claim is time barred?

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Whether the deceased died in the accident which arose out of and during the course of his employment with the respondent No.1?

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Whether the applicants are entitled to the amount as claimed in the claim-application, if so, what amount and by whom?

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Relief.”

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The Commissioner answered all the issues in favour of the claimants and held respondent/Insurance Co. liable to pay compensation of Rs.1,67,032/- along with interest @ 12% per annum to the claimants from the date it falls due upto the date of actual realization.

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I have heard counsel for the parties and have gone through records of the case.

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Today none has come present on behalf of the appellants.

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Facts are not much in dispute. In the present case, the employer admitted the fact of ‘employer and employee’ relationship as well as death of deceased during the course of employment.

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In view of above, the award is modified to the extent that the appellant is held to be entitled to penalty which shall be 50% of the amount of compensation in terms of Section 4A of the Act of 1923 alongwith interest @ 12% per annum to be calculated for the period commencing from

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Deepak Kumar 2024.10.21 10:48 I attest to the accuracy and integrity of this document

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FAO-3365-1999 (O&M)

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18^th of December, 1996 till the date of actual realization.

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The penalty shall be payable by respondent No.1 the employer.

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The present appeal is accordingly disposed off in the aforesaid

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terms.

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Pending application(s), if any, shall also stand disposed off.

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October	16, 2024	(Pankaj Jain)
Dpr		Judge
	Whether speaking/reasoned	: Yes/No
	Whether reportable	: Yes/No

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Deepak Kumar 2024.10.21 10:48 I attest to the accuracy and integrity of this document

(O&M) Smt.Pinki Devi v. Mamo & Ors.

Case brief

What is this about?

What did the court decide?

(O&M) Smt.Pinki Devi v. Mamo & Ors.

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

Case details

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