Back
SUBBA REDDY SATTI
Oriental Insurance Company Limited – Appellant
Versus
R. Sreenu Guntur District – Respondent
JUDGMENT :
SUBBA REDDY SATTI, J.
1. The Oriental Insurance Company Limited, represented by its Divisional Manager, filed the above Civil Miscellaneous Appeal against order dated 28.05.2015 in W.C. Case No. 6 of 2010 on the file of Commissioner for Employees’ Compensation Act, 1923-cum-Assistant Commissioner of Labour, Ongole.
2. Parties to this judgment are referred to as per their array in W.C. Case No. 6 of 2010.
3. Applicants filed the case against the respondents claiming Rs. 4,00,000/- towards compensation with interest at 12% p.a. from the date of death till realization and for costs etc. for the death of Rayapudi Guravaiah, while working as cleaner in the lorry bearing No. AP-27V-8277 belonged to 2nd opposite party under Employees’ Compensation Act, 1923 (for short “the Act 1923”).
4. Applicants contended interalia that deceased Rayapudi Guravaiah, brother of applicants, while working as cleaner in Lorry bearing No. AP-27V-8277 of 2nd opposite party, on 11.07.2009 at 5.30 a.m. when the lorry reached Nalgonda, first opposite party, drove lorry in a rash and negligent manner and dashed the lorry bearing No. AP-37T-6858, which was coming in opposite direction, as a result, both lorr
Major brothers are not included as dependants under Section 2(d) of the Employees' Compensation Act, 1923, and are therefore not entitled to compensation for the death of their brother.
Liability of the insurance company is contingent on the occurrence of the accident while the deceased was traveling in the insured vehicle.
The appellants were entitled to compensation for the employee's death as relationship with the employer was established, and the claim was not barred by limitation due to timing of civil death declar....
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 central legal point established in the judgment is the requirement for irrefutable evidence to establish the employee-employer relationship and the importance of statutory requirements in fixing ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
