Document Fragment View
Fragment Information
Showing contexts for: employees compensation act in National Insurance Co. Ltd vs Dheeraj Singh And Another on 7 August, 2020Matching Fragments
1 This appeal in terms of Section 13 of the Employees‟ Compensation Act, 1923 (hereinafter referred to as the „Act‟) filed by the National Insurance Company Ltd. is directed against the award dated 12.12.2012 passed by the Commissioner, under Employees Compensation Act (ALC), Jammu (hereinafter referred to as the „Commissioner‟) in File No.INJ-68-EC Act/10 titled "Dheeraj Singh vs. National Insurance Company Ltd and another, whereby respondent No.1 (hereinafter referred to as the „claimant‟) has been held entitled to a sum of Rs.12,28,161/- along with interest at the rate of 12% per annum.
3 On being summoned, the insurer appeared before the Commissioner and resisted the claim petition of the claimant on numerous grounds. Even the relationship of employer and employee existing between the claimant and respondent No.2 was also denied. It was claimed that the claim petition had been filed by respondent Nos. 1 and 2 in collusion. 4 On the basis of pleadings of the parties, the Commissioner framed the following issues:
(i) Whether the petitioner „Dheeraj Singh‟ falls under the definition of " employee" as prescribed under the Employees‟ Compensation Act 1923 ?OPP.
(i) Whether the evidence on record calls for discussion for alternative view as the permanent disablement of respondent No.1/claimant is 40%. The said disablement has not been stated or claimed as to be a "total disablement" as per clause 2(i) of Employees Compensation Act. Hence taking the 40% permanent disablement as total disablement by the Commissioner under Employees Compensation Act and awarding compensation on the basis of 10% loss of earning capacity, is, therefore, perverse and bad in the eyes of law ?
(viii) Whether the Commissioner under Employees Compensation Act has to award the interest only after one month when the compensation becomes due and can the rate of interest be more than what has been prescribed by the Reserve Bank of India from time to time as at present the rate of interest as awarded by different judicial forums is 6% ?
(ix) Whether the Commissioner under Employees Compensation Act can ignore the date of birth as recorded on the documents viz date of birth certificate or matriculation certificate etc and thereby can believe only on the statement of the claimant for applying the appropriate multiplier as per Employees Compensation Act ?