Case Note & Summary
The appellant, Royal Sundaram Alliance Insurance Co. Ltd., filed an appeal under Section 30(1) of the Workmen's Compensation Act, 1923, against the judgment and order dated 09.09.2009 passed by the Labour Officer and Commissioner for Workmen's Compensation, Chikkaballapur District, in KPK/G-No.15/2008. The appeal challenged the rejection of a Joint Memo filed by the parties on 26.02.2009 and the subsequent award of compensation of Rs.3,16,462/- with interest at 12% p.a., which was allegedly in excess of the claimant's entitlement. The High Court, after hearing the counsel for the appellant and noting that the second respondent (employer) had been served but notice was dispensed with, found that the Commissioner had erred in rejecting the Joint Memo without proper consideration and in awarding compensation beyond what was due. The court set aside the impugned order and remanded the matter back to the Commissioner for fresh consideration, directing that the Joint Memo be taken into account and a fresh order be passed in accordance with law. The appeal was allowed, and no order as to costs.
Headnote
A) Workmen's Compensation - Joint Memo - Rejection of Compromise - Section 30(1) Workmen's Compensation Act, 1923 - The Commissioner rejected a Joint Memo filed by the parties on 26.02.2009 and proceeded to award compensation exceeding the claimant's entitlement - Held that the Commissioner ought to have considered the Joint Memo and passed orders in accordance with law, and the award of excessive compensation was not sustainable (Paras 2-3).
Issue of Consideration
Whether the Commissioner for Workmen's Compensation was justified in rejecting the Joint Memo filed by the parties and proceeding to award compensation in excess of the claimant's entitlement.
Final Decision
The appeal is allowed. The impugned judgment and order dated 09.09.2009 passed in KPK/G-No.15/2008 on the file of the Labour Officer and Commissioner for Workmen's Compensation, Chikkaballapur District, Chikkaballapur, is set aside. The matter is remanded back to the Commissioner for Workmen's Compensation, Chikkaballapur, to consider the Joint Memo filed by the parties on 26.02.2009 and pass fresh orders in accordance with law. No order as to costs.
Law Points
- Workmen's Compensation Act
- 1923
- Section 30(1)
- Joint Memo
- Compromise
- Excessive Compensation
- Interest
