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1 - 8 of 8 (2.92 seconds)Oriental Insurance Co.Ltd vs Siby George & Ors on 31 July, 2012
8. The Commissioner keeping in view of the evidence
adduced by the respondent No.1/claimant, as he had paid
monthly salary of Rs.3,500/- per month, the claimant was aged 21
years and it has been considered by the Commissioner and
awarded a compensation of Rs.1,85,950/- with interest at 12% per
annum. But the learned counsel for the respondent
No.1/claimant places the reliance of the judgment of the Hon'ble
Supreme Court in the case of Oriental Insurance Co. Ltd., vs. Siby
George and others reported in 2012 ACJ 2126, wherein it has held as
follows:
Kerala State Electricity Board And ... vs Valsala K And Another on 16 September, 1999
"9. The matter once again came up before the
Court when by amendments introduced in the Act by Act 30
of 1995 the amount of compensation and the rate of interest
were increased with effect from 15.09.1995. The question
arose whether the increased amount of compensation and the
rate of interest would apply also to cases in which the accident
took place before 15.09.1995. A three Judge Bench of the
Court in Kerala State Electricity Board vs. Valsala K.,
2000 ACJ 5 (SC), answered the question in the negative
holding, on the authority of Pratap Narain Singh Deo, 1976
ACJ 141 (SC), that the payment of compensation fell due on
the date of the accident. In paragraphs 1, 2, and 3 of the
decision the Court observed as follows:
National Insurance Co. Ltd. Ã ... vs Mubasir Ahmed & Anr. Ã .Respondents on 1 February, 2007
3. The learned counsel for the appellant/Insurance
Company in the course of his arguments has contended that the
Commissioner has passed the impugned judgment and award
illegally, arbitrarily and erroneously and contrary to the principles
of law laid down in regard to holding 40% of the loss of earning
capacity and erred in awarding the compensation which is
contrary to the provisions of the Workmen's Compensation Act
and so also contrary to the evidence on record as well as the
principles laid down in the case of National Insurance Co. Ltd., vs.
:3:
Mubasir Ahemad reported in AIR SCW 2007 1265, TAC 2007
PAGE 3 SC and in Shivalinga vs. Erayya 2004 ACJ 333 and in Full
Bench decision reported in ILR 2004 page 193. It is also
contended that the ratios of these reliances are applicable to the
grounds urged in this appeal by the appellant/Insurance
Company. Therefore, it requires to be re-appreciated by the
evidence on record.
Section 4A in The Employee's Compensation Act, 1923 [Entire Act]
The Employee's Compensation Act, 1923
The Competition Act, 2002
United India Insurance Co Ltd vs K P Alavi on 22 July, 2009
10. The Court then referred to a Full Bench
decision of the Kerala High Court in United India Insurance
Co. Ltd. vs. Alavi, 1998 ACJ 1048 (Kerala) and approved
it insofar as it followed the decision in Pratap Narain Singh
Deo, 1976 ACJ 141 (SC)."
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