(iv) POWERS OF COMPENSATION COMMISSIONER

• The Commissioner under Workmen's Compensation Act cannot review his order.
Rajbir Singh v. S.K.S. Yadav, Commissioner Workmen's Compensation, (1996) 1 LLj 91: 1995 LLR 467: 1995 (71) FLR 358 (Del HC).

• Commissioner under the Act can appoint a Local Commissioner for recording of evidence.
Chandrasenan v. Regional Director ESI, 1996 LLR 390 (Born He),

• Workmen's Compensation Commissioner can review his order and provisions of Motor Vehicles Act can also be invoked for deciding the claim for compensation.
United India Insurance Company Ltd. v. Workmen's Compensation Commissioner Bareilly, (1996) II LLj 448: 1996 LLR 451 (All He).

• A Conunissioner under Workmen's Compensation Act is not a Civil Court.
S, Girija v. Kanara Transport Company, Milngalore, (1999) 2 LLN 859: 1999 LLR 812 (Kam He): 1998 (82) FLR 756.

• Compensation Commissioner is empowered to assess the percentage of disablement of an employee.
Uniled India Insurance Company Ltd" Hyderabad v. Ramulu, 2000 LLR 344 (AP He).

• Section 5 of the Limitation Act is applicable to the proceedings under the Workmen's Compensation Act, 1923.
Prem Chand v. Workmen's Compensation Commissioner, Agra, (2002) 3 LLN 886: (2001) 89 FLR 679: (2001) 2 CLR 676: 2001 LLR (Sum) 955 (All HC).

• Delay in claiming compensation for accident can be condoned by the Commissioner under the Act.
Kamataka Soaps and Detergents Ltd. v. Hanumanthamma @ Hanumakka, (2002) 2 Kant Lj 215: (2001) 91 FLR 754: (2002) 3 LLN 463: 2001 LLR 1240 (Kam HC).

• The Workmen's Compensation Commissioner committed serious error in entertaining a claim awarding compensation despite that it was brought to his notice that the workman has already filed his claim under Motor Vehicles Act.
Pattam Abdullah Khan v. T. Venkatarami Reddy, 2003 LLR 589 (AP HC).

• Rejection of a petition by Compensation Commissioner as filed by the wife of a deceased driver not being filed within the prescribed time, will be set aside because disablement certificate was not given in time due to trauma caused by successive death of two of his sons.
Anu Mary Tayade v. Commissioner of Workmen's Compensation, Thane, (2003) IV LLJ (Supp) 873, 2003 LLR 613 (Born HC).

• A Commissioner under the Workmen's Compensation Act is empowered to make his own assessment about the nature of injuries and the extent of disability and in this context he is not bound to accept the report of the medical practitioner.
New India Assurance Company Ltd. v. Mohd. Aslam, (2003) IV LLj Supp 5n 2003 LLR 667, 2003 (97) FLR 683 (All HC).

• There is no irregularity when the Compensation Commissioner allows a petition for compensation even after the prescribed period of two years.
Oriental Insurance Company Ltd. v. 8imla Dem, (2003) IV LLj Supp 1062, 2004 LLR 12: 2003 (99) FLR 550 (Del HC).

• Refusal of the Compensation Commissioner to set aside an ex parte award on the ground that on an earlier occasion also the petition to set aside the ex parte order was allowed and again it could not be allowed will not be tenabie.
Thangavel v. Saminathan, (2003) 103 FjR 1076, (2004) 1 LLN 809, (2004) IV LLj (Supp) 69, 2004 LLR 126 (Mad HC).

• The Commissioner under Workmen's Compensation Act is empowered to award more compensation than that as claimed by the claimant.
B. Srikanth Reddy v. K. Mahesh, 2005 LLR 30 (AP HC).

• While fixing the percentage of loss of earning capacity from employment injury to an employee, the Commissioner under the Act will not be barred by the decision of the Medical Board, hence the appeal as filed will not be tenable.
Employees' State Insurance Corporation, Knnpur v. Satya Narain Singh, 2005-1 LLj 928 (All HC).

• The Commissioner under the Workmen's Compensation Act is not empowered to set aside an ex-parte award.
Sri Krishna Hotel v. Devale Nayak, 2005 LLR 661, ILR 2005 KAR 2026 (Kam HC).

• The Compensation Commissioner has rightly accepted that the deceased workman was getting a salary of Rs. 4,000 per month when the employer has denied it by a bland statement "not admitted".
United India Insurance Company Ltd. v. Rukmani Dhami, 2005 LLR 886 (Uttr HC).

• The Compensation Commissioner is bound to decide the factum of accident on the material available.
National Insurance Company Ltd. v. Govindamma, 2005 LLR 896 (Kam He).

• For registration of a settlement, the Compensation Commissioner has to verify about due compensation as prescribed in the Act and the Schedule thereto.
United India Insurance Company Ltd. v. Sachidananda Prabhu, 2006 LLR 132 (Ker HC).

• A Commissioner under Workmen's Compensation Act is cannot review its Award.
Harinarayan v. Prem Narayan, 2006 LLR 1006 (SN) (MP HC).

• A Commissioner under Workmen's Compensa tion Act can refuse to register a settlement except only after recording reasons.
United India Insurance Co. Ltd. v. Commissioner for Workmen's Compensation, Tezpur, 2007 LLR 1230 (SN) (Gau HC).

• Compensation Commissioner can enhance the compensation than claimed ..
New Indin Assurance Co. Ltd. v. Daya Ram, 2007 LLR 1152 (All He).

• High Court will not interfere when the Compensation Commissioner declines to sununon a particular witness.
Mis Vaibhav Castings (P) Ltd. v. Workmen's Compensation Commissioner, Kanpur, 2008 LLR 1007 (SN) (All HC).

• Compensation Conunissioner has the powers of civil court for enforcing attendance.
MIs. Ruby International Annapurna MetaL, Peeta! Bash, Mnradabad v. Devendra Singh, 2009 LLR 107 (SN) (All HC).

• The powers of the Commissioner under section 19 of the Workmen's Compensation Act is not confined only against the employer and it extends to the liability on any person to pay compensation.
Oriental Insurance CD. Ltd. by its Divisional Manager, Madurai v. G. Elango @ Sundararajan, 2009 LLj 181 (Mad He).

0 comments:

Twitter Delicious Facebook Digg Stumbleupon Favorites linkedin More