In an appeal under Section 30 of the Workmen's Compensation Act, 1923, the High Court dismissed the claimant's appeal against the Commissioner's award of Rs. 2,00,226/-, holding the amount justified based on minimum wages and 40% disability.
Impugned award of Rs. 2,00,226/- remained in force; no enhancement granted.
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.
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Appeal From Order No. 24 of 2007
Suresh Chandra
… Appellant
Vs
Ganga Ram & another … Respondents
Sri Pooran Singh Rawat, learned counsel for the appellant Sri P.C. Maulekhi, learned counsel for the respondent No. 2
Hon’ble B.C. Kandpal, J.
This appeal under Section 30 of the Workmen’s Compensation Act, 1923 has been filed by the claimant/appellant against the judgment and order dated 10.11.2006 passed by the learned Workmen Compensation Commissioner/Deputy Labour Commissioner, Haldwani, District Nainital in W.C.A. No. 38 of 2004 whereby the learned Commissioner awarded a sum of Rs. 2,00,226/- in favour of the claimant/appellant.
2
vehicle in question filed written statement on 08.09.2004 admitting the factum of accident and stated that the Insurance Company was liable to pay compensation, if any. He has further alleged that he informed the Insurance Company about the accident, therefore, it was the responsibility of the Insurance Company to make enquiry and pay the compensation to the claimants, but the Insurance Company could not pay the compensation to the claimants. The claimant was entitled to get to compensation from the Insurance Company.
3
4
learned Compensation Commissioner has rightly taken into account minimum wages of Rs. 2,827/- prevalent at the relevant period and awarded a sum of Rs. 1,35,288/- as per rule. The learned Commissioner further awarded a sum of Rs. 64,938/- as interest @ 12% per annum, as applicable in the Workmen’s Compensation Act. Thus, in total, the learned Workmen Compensation Commissioner awarded a sum of Rs. 2,00,226/- as compensation. The amount awarded by the learned Workmen Compensation Commissioner is perfectly justified. I am in total agreement with the finding recorded by the learned Workmen Compensation Commissioner in this regard. I do not find any force in the present appeal. The appeal lacks merit and is liable to be dismissed.
(B.C. Kandpal, J.)
26.11.2008 ASWAL
1 issue framed by the court
Whether the compensation awarded by the Workmen Compensation Commissioner was incorrect on the point of quantum.
1 provisions across 1 enactments
Suresh Chandra
Ganga Ram
B.C. Kandpal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
