Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Workmen’s Compensation Act 1923 – s.20 – Notification issued under – “Contested claim” |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Employee’s Compensation Act, 1923 (8 of 1923) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Workmen’s Compensation Act, 1923 – s.20 – Notificationissued under – “Contested claim” – When not – Deceased who wasemployed by the second respondent as truck driver met with a roadaccident and succumbed to the injuries – Compensation sought byappellants-his wife, son and parents – Deputy Labour Commissionercum-Commissioner for Workmen Compensation awardedRs.4,31,671/- and with interest @ 6% p.a – Challenged by appellants– High Court held that the award itself was without jurisdiction onthe ground that it was a contested matter on account of the writtenstatement filed by the insurer and there being a embargo as pernotification issued u/s. 20(1) & (2) – Held: Employer had clearlyadmitted the averments made in the claim petition filed by theappellants – There was no contest– Insurer of the offending vehiclefirstrespondent having filed the written statement did not crossexamine the appellants and their witnesses – Thus, the claim lodgedby them seeking compensation would not partake the character ofa “contested claim” as stipulated under the notification issued bythe appropriate Govt. u/s.20 (1) and (2), where under clause (a),the presiding officers of the Labour Court were entrusted withadjudication of claims of all contested cases arising under the Act– Therefore, the High Court erred in holding that the claim petitionwas not maintainable before the Deputy Labour Commissioner-cum-Commissioner and appellants had to pursue their grievance beforethe jurisdictional Labour Court – Impugned judgment set aside –Further, unchallenged statement of the wife of the deceased that hewas earning Rs.6,000/- per month, accepted – Appellants entitledto compensation of Rs.6,64,110/- with interest @ 12% p.a. fromone month from the date of accident till date of payment excludingthe amount already paid/deposited by the first respondent –Compensation – Maxims – Coram-non-judice. |
Judge | Hon'ble Mr. Justice Aravind Kumar |
Neutral Citation | 2023 INSC 566 |
Petitioner | Mamta Devi & Ors. |
Respondent | The Reliance General Insurance Company Limited & Anr |
SCR | [2023] 10 S.C.R. 1133 |
Judgement Date | 2023-05-19 |
Case Number | 3904 |
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