EXECUTIVE ENGINEER (ele)

VS

HAJRATALI MAILASAB [1999 (82) FLR 318 HC-KAR]

     AFTER ACCIDENT THE EMPLOYER DID NOT REDUCE THE WAGES OF THE  EMPLOYEE AND CONTENDED THAT THERE IS NO LOSS IN EARNING CAPACITY AND HENCE THERE IS NO JUSTIFICATION OR NEED FOR PAYING COMPENSATION.

IS THIS STAND VALID ?

     MERELY BECAUSE AN EMPLOYER PAYS THE SAME SALARY TO THE WORKMAN, IT CANNOT BE SAID THAT THERE IS NO LOSS IN EARNING CAPACITY.

THE EMPLOYEE WOULD BE ENTITLED FOR COMPENSATION FOR HIS PERMANENT PARTIAL DISABLEMENT

KASHIBHAI RAMBHAI PATEL

VS

SHAHABHAI PARMAR [2000-I-LLJ-1121-SC]

OR

THE NEW INDIA INS. CO.

VS

SHIV SINA

[2000 (85) FLR 595 SC]

-    FOR BELATED PAYMENT OF WORKMEN’S COMPENSATION COURT ORDERED PAYMENT WITH INTEREST AND ALSO ORDERED PENAL DAMAGES

-    IS INSURANCE COMPANY LIABLE TO BEAR INTEREST AND DAMAGES ?

     WHILE INTEREST PAYMENT HAS TO BE BORNE BY THE INSURANCE COMPANY, THERE WOULD BE NO LIABILITY FOR PAYMENT OF PENAL DAMAGES.

MOHD. ANIS MOHD

VS

ILTIZA & CO. [2000-I-LLJ-1304-HC-BOM]

     THE DRIVER OF A VEHICLE HIRED THE SERVICES OF A PERSON AS CASUAL CLEANER WHO MET WITH AN ACCIDENT AND SUFFERED INJURY.

     IS THE MASTER OF THE VEHICLE LIABLE TO PAY CONPENSATION ?

since the driver had the authority of the master for hiring casual cleaners he acted as the agent of the master

master accordingly liable to pay compensation though had not hired the cleaner himself

SURESH KUMAR

VS

URMILA & OTHERS [2000-I-LLJ-138 HC-HP]

     ARE THE SISTER AND BROTHER OF A WORKMAN WHO DIED IN AN ACCIDENT REQUIRED TO PROVE FINANCIAL DEPENDENCY TO BE ELIGIBLE TO CLAIM COMPENSATION UNDER THE WORKMEN’S COMPENSATION ACT WITHOUT PROVING THE FINANCIAL DEPENDENCY ?

-    there are three classes of dependents listed in section 2(d) OF THE W.C.ACT

-    DEPENDENTS LIKE WIDOW, MINOR LEGITIMATE SON, UNMARRIED LEGITIMATE DAUGHTER, OR A WIDOWED MOTHER ARE TREATED AS DEPENDENTS WITHOUT PROOF OF FINANCIAL DEPENDENCY.

     AS FAR AS OTHER RELATIVES LISTED IN SUB-CLAUSES (II) & (III) OF 2(d) is concerned eligible to claim compensation only if they establish that they were financially dependent on the dECEAsed workman at the time of his accident

GOPINATH

VS

UNITED INDIA INS. CO. [2000(85)FLR 504 HC-KER]

-    AS PER SECTION 4-a(3) INTEREST IS PAYABLE FOR DELAYED PAYMENT OF COMPENSATION

-    IS INTEREST TO BE COMPUTED FROM DATE OF THE ACCIDENT OR FROM THE DATE OF ORDER OF THE COMMISSIONER FOR WORKMEN’S COMPENSATION.

  since liability arises from date of accident, interest is to be computed from that date and not date of compensation order