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january 2014

Supreme Court of India · 2014-01-03

T.S. SHYLAJA vs ORIENTAL INSURANCE CO.

Citation / case number
SC 2011/32143
Court
Supreme Court of India
Petitioner
T.S. SHYLAJA
Respondent
ORIENTAL INSURANCE CO.
Author
T.S. THAKUR
Bench
VIKRAMAJIT SEN T.S. THAKUR

Judgment text excerpt

The Supreme Court held that the High Court erred in setting aside the Commissioner for Workmen’s Compensation's award of Rs.4,48,000/- to the appellant under the Employee’s Compensation Act, 1923. The Court emphasized that the relationship of employer and employee was established, and the High Court's re-evaluation of evidence was inappropriate as per Section 30(1) of the Act, which restricts appeals unless a substantial question of law is involved. The Court reinstated the Commissioner's order, affirming the entitlement of the appellant to compensation with interest at 12% per annum.

T.S. SHYLAJA vs ORIENTAL INSURANCE CO. · Niyam