ORIENTAL INSURANCE CO LTD Vs. BABULI PRADHAN

JUDGEMENT

(1.) This is an appeal by the insurer under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act').

(2.) THE substantial question of law involved in this case is whether the compensation has been awarded fixing the liability on the insurer after observing the principles of natural justice.

(3.) THERE is no dispute that the Commissioner under the Act is to dispose of the claims judicially. It is a Tribunal being a creature of the Act. Since the order is appealable, not only that the same is to be a reasoned one but also the stages of the proceeding shall be recorded separately in order -sheet. Fairness of such authority and observance of the principle of natural justice can be inferred on perusal of the same. In case the materials on record would justify such observance, non -mention of the proceeding in the order -sheet in a particular manner may not by itself be sufficient to draw inference otherwise. All that is necessary is that the authority shall not be hasty, must have application of mind at each stage which can be spelt, out from the record.