The Employees’ Compensation Act, 1923 aims to provide immediate financial relief to the workers

Posted On - 22 August, 2024 • By - King Stubb & Kasiva

The insurance company challenged the award of compensation passed by Commissioner under the Employees Compensation Act, 1923 in relation to an incident wherein the employee sustained serious injury in eye due to stone pelting in incident at Bijbihara while working as driver for plying vehicle. The insurance company contended that the employer is not the registered owner of the vehicle and there existed no employee-employer relation, hence employee cannot claim insurance bought by employer. The High Court upheld the findings of commissioner on existence of employee-employer relation and delved into the object of the Act highlighting that the Act intended to provide immediate financial relief to workers without hinderance of extended legal battles and such procedural wrangles and further litigation frustrating the very purpose of the Act. The present appeal FAO(WC) 6/2021 CM(2206/2022) does not constitute any substantial question of law or any question of law, the disputed relationship between employer and employee has been rightly averted to and addressed by the commissioner on the basis of credible evidence.