In the absence of service of notice of accident by claimant and recording of reasons of its satisfaction by commissioner, award is liable to be set aside. - The Employees’ Compensation Act, 1923
Daily allowance given to the employee working as a cleaner is to be construed to be a part of his wages for calculating the compensation.
In the absence of service of notice as required under section 10 of the Employees' Compensation Act, 1923, no claim shall be entertained unless the Commissioner has recorded reason (s) thereto giving sufficient cause thereof.
When the report issued by the doctor who first examined the injured was not examined whereas his report indicate the injury to be of seven hours old, accident occurred at 8.00 a.m. but the doctor saw the patient at 5.00 a.m., Ex-ray report is suspicious, opinion of the doctor assessing the physical disability of 20% without taking help or assistance from any investigation report, is not proper being a pre-mature guess work.
-Oriental Insurance Co. Ltd. vs. Sri Rama Kanta Roy & Anr. 2017 LLR 813 (Gau. HC.)
The Employees Compensation Act,1923
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