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HEMANT GUPTA, V. RAMASUBRAMANIAN
MANGILAL VISHNOI – Appellant
Versus
NATIONAL INSURANCE COMPANY LIMITED – Respondent
ORDER
Hemant Gupta, J.
Leave granted.
2. The employer is in appeal against an order passed by the High Court of Judicature for Rajasthan at Jodhpur on 25.9.2019 whereby the appeal of the Insurance Company under Section 30 of the Employees Compensation Act, 1923[For short, the 'Act'] was allowed.
3. Tej Singh, deceased was engaged by the appellant as a Helper who died in the course of employment of the appellant on his borewell vehicle No. RJ-06-J2725 on 11.10.2002 due to collapse of soil surrounding the well. The petition was filed before the Employees Commissioner [For short, the 'Commissioner'] under the Act for grant of compensation. The learned Commissioner passed an award dated 2.12.2005 awarding a sum of Rs. 3,27,555/- along with Rs. 2,500/- as expenses for the last rites. The legal heirs of deceased were also granted interest @18% p.a. from the date of accident.
4. The insurance company filed an appeal under Section 30 of the Act before the High Court. The High Court accepted the appeal holding that the deceased was a Helper though the policy covered Cleaner or Driver of the Vehicle in question. The High Court reduced the interest to 12% p.a. Since the insurance company has paid
Death in course of employment – There is no real distinction between a Helper and a Cleaner.
The insurance policy's terms and conditions, including the coverage of risk for employees, are crucial in determining the liability of the insurance company to pay compensation.
The main legal point established in the judgment is that the insurer is not liable to pay compensation for the death of a cleaner in an accident unless an extra premium is paid under the contract of ....
The main legal point established in the judgment is that the insurer is liable to pay compensation to employees injured during the course of their employment if the policy of insurance covers the emp....
The main legal point established in the judgment is that the Insurance Company is primarily liable to pay compensation to the workmen under the Workmen Compensation Act.
The central legal point established in the judgment is the requirement to establish a clear causal connection between an accident and employment to determine entitlement to compensation under the Wor....
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