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K. MANMADHA RAO
Oriental Insurance Co. Ltd. – Appellant
Versus
Pasupuleti Vijaya Lakshmi – Respondent
JUDGMENT :
The Appellant herein filed this Appeal under Section 30 of Workmen’s Compensation Act, against the Order and Decree dated 15.09.2017 passed in W.C.No.14 of 2011 by the Court of the Commissioner for Workmen’s Compensation and Assistant Commissioner of Labour, Gudiwada, (in short ‘learned Tribunal’) whereby the learned Tribunal has granted a total compensation of Rs.3,38,880/- for the death of the deceased due to heart attack during the course of his employment.
2. The appellant herein is the 2nd opposite party; 1st respondent herein is the applicant; respondents 2 to 4 are the legal representatives of the deceased Nageswar Rao and 5th respondent herein is the 1st opposite party before the learned Tribunal.
3. The 1st respondent/applicant has filed a claim petition before the tribunal alleging that on 24.02.2010 the deceased workman as a driver, during the course of his employment, he was suffered stress and strain to unload the parcel and all of sudden the deceased was attacked with heart attack. As a result of which the workman shifted to the MKCG Government Hospital, Orissa for treatment, where the doctors are declared that the deceased was died on 26.02.2010. A case in Cr
The central legal point established in the judgment is the requirement for the claimant to prove the causal connection between the employment and the death of the worker, as well as the need for evid....
The requirement for evidence of stress or strain causing death to grant compensation under the Workmen’s Compensation Act.
The central legal point established in the judgment is the need to establish a proximate nexus between the death of a worker and the nature of their employment to determine liability for compensation....
The court confirmed that a work-related heart attack constitutes an accident under the Employees Compensation Act if stress from employment contributed to the health condition, validating claims for ....
The burden of proof lies on the dependents to establish the employee-employer relationship and causal connection between the work and the injury under the Workmen's Compensation Act.
Compensation under the Workmen's Compensation Act requires establishing a direct causal link between employment and the injury or death, with the claimant bearing the burden of proof.
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