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2008 (7) TMI 1079 - SC - Indian Laws

Issues involved: Appeal against summary dismissal of appeal under Section 30 of the Workmen's Compensation Act, 1928 by Allahabad High Court.

Summary:
The appellant challenged the order passed by the Allahabad High Court summarily dismissing the appeal filed under Section 30 of the Workmen's Compensation Act, 1928. The primary contention was the lack of evidence establishing the employer-employee relationship and the circumstances of the deceased's injuries under employment. The Commissioner had directed payment to the claimant, which was questioned in the appeal and summarily dismissed by the High Court without proper reasoning. The appellant argued that substantial questions of law were overlooked, including the acceptability of evidence and the liability of the Insurance Company. The absence of suitable evidence regarding the deceased's income was also highlighted. The High Court's non-application of mind and lack of reasoning in the order were criticized, emphasizing the importance of providing reasons in judicial decisions. The Supreme Court set aside the High Court's order and remitted the matter for fresh consideration, directing the parties to submit new evidence for adjudication. The appeal was allowed without costs.

 

 

 

 

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