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VIKRAM NATH, AUGUSTINE GEORGE MASIH
Panganti Vijaya – Appellant
Versus
United India Insurance Company Ltd. – Respondent
The legal document details a case involving a claim for compensation under the Workmen’s Compensation Act, 1923, following a fatal accident involving a vehicle. The core issues revolve around whether the deceased was employed by the owner of the vehicle at the time of the accident and whether the death occurred during the course of employment.
Key points include:
Overall, the case emphasizes the importance of thorough evidentiary evaluation in establishing employment relationships and the correctness of factual findings made by the Commissioner, which should not be disturbed unless legally infirm or perverse.
JUDGMENT
VIKRAM NATH, J.
1. Leave granted.
2. The appellant is aggrieved by the final judgment and order dated 22.03.2022 passed by the High Court for the State of Telangana at Hyderabad in CMA No. 98 of 2010 whereby the High Court allowed the appeal filed by the insurer and set aside the award dated 30.04.2009 passed by the Commissioner for Workmen’s Compensation and Deputy Commissioner of Labour, Nizamabad in WC No. 1 of 2005 awarding compensation to the appellant.
3. The facts giving rise to the present appeal are as follows:
3.1. The deceased, Panganti Suresh, was employed by the fifth respondent as a driver on a monthly salary of Rs.3,500/- per month.
3.2. On 10.09.2004 at 5:30 a.m., while driving the car bearing No. AP-15L-4000 back from Hyderabad, Suresh met with a fatal accident when a lorry coming from the opposite direction rammed into the vehicle. Out of the four people in the car, two of them including Suresh, succumbed to the injuries.
3.3. Thereafter, the appellant being the legal representative of the deceased, filed a claim under the Workman’s Compensation Act, 1923 stating that the deceased was employed as a driver of the fifth respondent and that the accident occurred du
Death in course of employment – Finding of fact recorded by Commissioner to the effect that deceased was employee of owner of vehicle which met with accident, cannot be interfered with by High Court.
The central legal point established in the judgment is that for an employer's liability for compensation, there must be a causal relationship between the accident and the employment, as per Section 3....
The central legal point established is the reliance on evidence to establish the employment relationship and the course of the deceased's death in justifying the award of compensation under the Workm....
The central legal point established in the judgment is the determination of employer-employee relationship and the application of statutory requirements under the Workmen's Compensation Act.
An employee's death due to chest pain and cardiac arrest while on duty is compensable under the Workmen's Compensation Act, 1923, and the insurer is liable to pay compensation with interest at 12% pe....
The central legal point established is the application of Section 4A(3)(a)(b) of the Workmen's Compensation Act to determine the liability of the Insurance Company and the entitlement to compensation....
The main legal point established in the judgment is that the findings of fact by the Commissioner, based on the evidence, were not perverse, and there was no substantial question of law for the High ....
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