The High Court allowed a workmen's compensation appeal partly. It upheld the Tribunal's finding of employment but reduced the allowable interest rate from 9% to 6% and deleted an unjustified penalty of Rs. 5,000 due to lack of procedural compliance.
Interest allowed at 6% against 9%; penalty of Rs. 5,000 deleted.
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.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR O R D E R
S.B. Civil Misc. Appeal No.131/2005
M/s. Vardhman Enterprises & Anr. Vs.
Narendra Narain Mathur
Date of Order: 22/08/2015
HON'BLE MR. JUSTICE J.K. RANKA
Mr. G.P. Sharma Adv., for appellant. Mr. D.P. Pujari Adv., for respondent.
Act., 1923 in Case No. W.C.C. (N.F.)9/2000.
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the appellant-employer, bearing No. RJ-14-14M-6517 for withdrawing amount from the Bank, he met with an accident near Birla Mandir, as a result of which, he got seriously injured and consequent thereto his left hand and shoulder got damaged and it was claimed that it has severely effected movement of his hand. The Tribunal after analyzing the material facts and circumstances, allowed claim to the extent of Rs.1,27,074/- with direction to allow interest as also levied penalty which is assailed herein.
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there is no basic foundation of even employment and as such, no case was made out. He contended that the Commissioner has gone on assumption and presumption and there was no apparent basis of even employment of respondent. He also contended that on merits, the claim at Rs.1,27,074/- allowed by the Tribunal is without just and proper basis as even the disability has not been proved and the Commissioner has merely gone on assumptions and presumptions.
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denying the said version. He contended that there is specific finding by the Commissioner that the salary register and other records were not produced by the appellant and therefore, there is a finding of fact recorded by the Tribunal which should not be interfered with. He further contended that evidence was led that he was driving the said vehicle of the respondent on 05/12/1998 and during the course of employment he was going to bank for the purposes of withdrawing cash as per the instructions of the employer and even the petrol receipt showing the Scooter No. RJ-14-14M-6517 of ownership of the respondent, was produced and there is no counter by the appellant to the same.
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Act so also the penalty and therefore the instant appeal deserves to be dismissed.
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reached by the Tribunal, is just and proper. Needless to mention the appellant being a proprietor/director of a private limited company, will certainly maintain basic records about employment and recorded in the books and since they ware not produced neither before Commissioner nor before this Court, the finding reached by the Commissioner, in my view, is just and proper and needs no interference.
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discard the same, has been placed by appellant, except that Doctor was not produced.
13.Consequently, the appeal is partly allowed with interest allowable at 6% as against 9% and with the relief of Rs.5,000/- on penalty. Let the amount be paid by Bank draft. No costs.
S.Kumawat-99
Certificate- All corrections made in the judgment/order have been incorporated in the judgment/order being e-mailed.
S.Kumawat Jr. P.A
3 issues framed by the court
Whether the Tribunal's finding on the respondent's employment with the appellant was sustainable despite lack of formal records.
Whether the compensation amount calculated based on the Medical Board certificate was fair and reasonable.
Whether the interest rate of 9% and penalty imposed were legally sustainable under Section 4A.
2 provisions across 1 enactments
M/s. Vardhman Enterprises & Anr.
Narendra Narain Mathur
J.K. RANKA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
