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K. MANMADHA RAO
New India Assurance Company Ltd represented by its Divisional Manager, Vijayawada – Appellant
Versus
Kootam Venkateswaramma – Respondent
JUDGMENT :
1. The Appellant herein filed this Appeal under Section 30 of Workmen’s Compensation Act, against the Order and Decree dated 25.11.2021 passed in W.C.No.2 of 2019 by the Court of the Commissioner for Workmen’s Compensation and Assistant Commissioner of Labour, Vijayawada, (in short ‘learned Tribunal’) whereby the learned Tribunal has granted a total compensation of Rs. 5,70,720/- for the death of the deceased/driver during the course of his employment.
2. The appellant herein is the 2nd opposite party; 1st respondent herein is the applicant, who is wife of deceased Mr. Kootam Narasimha Rao and 2nd 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 the deceased workman as a driver, stopped lorry to attend natural call at 4.00 a.m on 03.12.2018 at Amalapuram, as the driver did not turn up in time, the cleaner went to enquire and found the driver fell on the ground unconscious condition. The cleaner sprayed some water with a bid to wake up, but in vain, suspecting the condition cleaner made a call to 108 Ambulance and they came to spot and declared dead after chec
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 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 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 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.
The central legal point established in the judgment is the interpretation of 'arising out of and in the course of employment' under the Workmen's Compensation Act, 1923, and the emphasis on a liberal....
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