EMPLOYEES COMPENSATION ACT - 2010




If a workman suffers 25-50% disability in an accident, it will be treated as total disablement.
New India Assurance Company Ltd. vs. A. Narsimhulu and Another. 2009 LLR 1293 (AP HC)

When died due to fall from staircase, dependents will be entitled to compensation.
Regional Director, ESIC vs. Hasinaben Azizbhai Shaikh & Ors. 2009 Lab. IC 4151 (Guj. HC)

Daughter of claimant when fell down from stair of the hospital & died, will not be entitled to compensation under WC Act being not in the employment of the hospital but was under treatment of TB.
Thangammal vs. Management, OBLI Hospital, Salem. 2010 LLR 18 (Madras HC)

When driver was hijacked and his death is presumed, dependents will be entitled to ompensation.
New India Assurance Co. Ltd. vs. Surendra Patra & Ors. 2009 Lab. IC 3995 (Orissa HC)

When employer-employee relationship is established, compensation rightly awarded. No interference required from H.C. in the absence of substantial question of law.
Oriental Insurance Company Ltd. vs. N. Sarojini & Ors. 2010 LLR 143 (AP HC)

There is no bar for the W.C. Commissioner to award more compensation than claimed.
Oriental Insurance Co. Ltd. vs. N. Sarojini and Others. 2009 (123) FLR 892 (AP HC)


When commissioner directly decided about the entitlement of compensation, H.C. intervention not
required.
National Insurance Co. Ltd. vs. Smt. Manisha Changan Karande and Others. 2009 (123) FLR 475 (Bom. HC)

Employer is liable to pay compensation from the date of accident and not from the date of order under W.C. Act.
Sarbeswar Bhuimali @ Sarbeswar Bhunimali @ Bapi Bhunimali vs. Ardhendu Kumar Roy and Another. 2009 (123) FLR 1084 (Cal. HC)

In the case of leg amputation, 100% loss of earning capacity will be presumed under W.C. Act.
National Insurance Company vs. Pappu & Anr. 2010 LLR 224 (Del. HC)

When driver died after one month of receiving injuries on duty, dependents will be entitled to be compensation.
United India Insurance Company Ltd., Chennai vs. Sivagami and Others. 2010 LLR 135 (Madras HC)

When necessary safeguards were not provided by the employer and the accident arose during course of and out of employment, compensation has been rightly awarded by the Commissioner under the Workmen's Compensation Act.
Sellammal Spinning Mills Pvt. Ltd., Annur vs. Bannari and Another. 2009 IV LLJ 800 (Mad. HC)

Mere death of a workman in his ordinary course of employment cannot make the employer liable for payment of compensation under Workmen's Compensation Act.
D.S. Constructions Ltd. vs. Raj Kali Devi. 2010 LLR 316 (Del. HC)

Death after chest pain developed during duty would be accident under WC Act.
Management of HAL, Helicopter Division, Bangalore vs. L. Fathima Mary (Smt.) and Ors. 2010 LLR 257 (Karn. HC)

45% disablity of driver would be total disablement for compensation under WC Act.
New India Assurance Co. Ltd. vs. S. Ambagowda @ Ramesh and Another. 2010 LLR 388 (AP HC)

Ex-gratia payment already made to dependants of deceased will not be considered as compensation under WC Act.
New India Assurance Co. Ltd. Rep. by its Deputy Manager vs. B. Lalitha (smt.) and Ors. 2010 LLR 440 (AP HC)

No compensation when workman met with an accident one Km. away while going back to home after duty under WC Act.
United India Insurance Co. Ltd. vs. Nandkumari Ajaykumar Tiwari. 2010 LLR 393 (Bom. HC)

High Court will not interfere in WC case when there is no substantial question of law is involved.
Pradeep Naik, Goa vs. Yesso Tulshidas Naik, Goa. 2010(124) FLR 622 (Bom. HC)

For fastening liability on the employer some casual connection between employment and death has to be shown.
D.S. Construction Ltd. vs. Raj Kali Devi. FLR (124) 2010 P. 485 (Delhi HC)

Exgratia payment made by employer can not be a part of compensation under W.C. Act.
Jamnagar Municipal Corporation vs. Rajesh Laljibhai Kabira Through Prabhaben Rajeshbhai and 6 Ors. 2010 II CLR 10 (Guj. HC)

Commissioner under the Workmen's Compensation Act has similar powers as vested in the Civil Court and can summon the doctor and also enforce his attendance to be a witness.
Rama alias Ramaiah vs. M/s. New India Assurance Co. Ltd., Bangalore and Anr. 2010 LLR 519 (Karn. HC)

A trainee is an employee and the journey undertaken by him from his house to work place is in the course of his employment.
Tamil Nadu S.R.T. Corporation vs. Smt. Shiv Kumari & Ors. LLN(1) 2010 P. 414 (Madras HC)

An insured person cannot claim compensation under the Workmen's Compensation Act for employment injury sustained by him.
Regional Director, ESI vs. Bhopa Ram & Ors. CLR I 2010 P. 655 (Raj. HC)

When dead body of Chowkidar found at workplace, it will be presumed as employment injury uner WC Act.
Regional Director, ESI Corporation vs. Shakeena Bibi Munarashkhan Pathan and another. 2010 LLR 667 (Guj. HC) 

When there is difference of date of accident in medical certificate & complaint, compensation will not be payable.
Divisional Manager, National Insurance Co. Ltd., Bangalore vs. Shivu & Anr. 2010 Lab IC 1415 (Karn. HC)

Even if the workman was attacked due to personal rivalry, would be deemed accident during the course of employment. Compensation rightly awarded.
Orient Insurance Co. Ltd. vs. Abdul Salim @ P.A. Salim and Anr. 2010-II LLJ 461 (Kerala HC)

Insurance company is not liable to bear the burden of penalty awarded by WC Commissioner.
United India Insurance Company Ltd. vs. Bhanwariya & Others. 2010 LLR 720 (Raj. HC)

Direct payment by corporation to the deceased widow can’t be a part of compensation amount or adjusted against the award by WC Commissioner.
Jamnagar Municipal Corporation vs. Rajesh Laljibhai Kabira through Prabhaben Rajeshbhai and Six Others. 2010 LLR 839 (Guj. HC)

Mother of the deceased, when re-married, would not be deemed to be dependent upon the son for claiming compensation under the Workmen's Compensation Act.
Rudramma vs. Marijogaiah and Others. 2010 LLR 845 (Karn. HC)

When driver’s disability is assessed by doctor as 67%, WC Commissioner rightly assessed as 100% loss of earning capacity.
Divisional Manager, New India Assurance Co. Ltd., Bangalore vs. Nagaraj and Anr. 2010 LLR 867 (Karn. HC)

Provision of depositing amount of compensation before filing appeal under WC Act is not ultra virus of constitution.
Sevak Ram Patidar vs. Union of India. 2010 Lab IC 1964 (MP HC)

WC Commissioner being vested with the power of civil court can make investigations.
Mahaliamman Temple Trust vs. Commissioner For Workmen's Compensation-Cum-Deputy Commissioner of Labour, Coimbatore and Others. 2010 LLR 883 (Mad. HC)

In the absence of any clause of non payment of interest, insurance company will be liable to
pay the same on delayed payment of accident compensation.
Ajay vs. Balwan Singh and Another. 2010 LLR 814 (Punjab & Haryana HC)

Before penalty is imposed under WC Act, employer is required to be heard.
Navdeep Agro Board, Ram Nagar, Sirsa vs. National Insurance Co. Ltd., Sirsa and Others. 2010(125) FLR 773 (Punjab & Haryana HC)

Neither employer nor the insurer will be liable to pay compensation to the dependents of the deceased workman who died on Sunday i.e. weekly off day and as such the alleged injury did not accrue during the course and out of the employment.
State of Gujarat and Others vs. Fattu Fakru Bhuriya and Others. 2010 LLR 1022 (Guj. HC)

Compensation not be granted where claimants failed to establish that death was during and in the course of employment.
Smt. Baby and Others vs. Smt. Sheela Jalan and Another. 2010 LLR 1001 (Karn. HC)

Appeal beyond limitation period against WC Commissioner award not maintainable.
Maharashtra Freight Carriers Pvt. Ltd. vs. Kusum Lata & Ors. 2010 LLR 1053 (Del. HC)

Compensation to be paid under WC Act when employee was injured due to biting by mad dog in the office. It amounts to accident during the course and out of employment.
Executive Engineer and Anr. vs. Kalawati and Others. 2010 LLR 1062 (MP HC)

Claimants of deceased can file the case under Employees Compensation Act either at the place where they reside or where accident took place.
Oriental Insurance Co. Ltd., through Its Divisional Manager, Allahabad vs. Smt. Gajendri Devi and Others. 2010 LLR 1181 


Death on account of quarrel with the other workman will amount to accident during and arising out of employment. Compensation rightly awarded.
Union of India, Thru G.M., Northern Railway & Anr. vs. Ifzal Hussain & Anr. 2010 LLR 1235

Manufacturer is responsible to pay compensation to the deceased dependents, who was driver and died during giving demo of tractor in the show room of the dealer. However, manufacturer can recover the amount from the dealer.
Mahindra Gujarat Tractor Ltd., Vadodara vs. Shabana, Wife of Abdul Rauf Pathan and Others. 2010 LLR 1187

Delay in filing the claim under EC Act will not be condoned.
United India Insurance Company Ltd., through Regional Office vs. Kadar Harun Changda & 2 Ors. 2010 LLR 1227

Penalty for delayed payment of compensation can’t be imposed on insurance company.
United India Insurance Company Ltd., Jodhpur vs.Kachra & Ors. 2010 LLR 1230 


In the absence of stress while performing duty, death due to heart attack will not attract compensation under E.C. Act.
Oriental Insurance Co. Ltd. vs. Bimla Devi. 2010 LLR 1249 (H.P.H.C.)
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