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VENKATA JYOTHIRMAI PRATAPA
Nidiganti Narasimhulu – Appellant
Versus
K. Suryanarayana – Respondent
JUDGMENT :
1. These Civil Miscellaneous Appeals are directed under Section 30 of the Workmen Compensation Act against the Order dated 07.08.2009 in W.C.Nos.3, 6,5 and 4 of 2005 on the file of the Commissioner for Workmen’s Compensation & Deputy Commissioner of Labour, Anantapur.
Parties before the learned Commissioner:
2. The appellants herein were the Applicants and the respondents herein were the Opposite Party Nos.1 and 2 i.e., the Owner of the Tipper and the Insurance Company respectively before the learned Commissioner.
Reference of parties in the appeal:
3. For the sake of convenience and understanding, the parties are referred to as they were arrayed before the learned Commissioner.
4. In order to explain the facts and determine the issue involved in all these CMAs, this Court has taken C.M.A.No.995 of 2011 as these appeals are filed by the claimants, who are the parents of the deceased, who died in the same accident.
The case of the Applicants in CMA No.995 of 2011 in nutshell:
5. The applicants are the parents of the deceased Nidiganti Balanarasimhulu, S/o Nidiganti Narasimhulu, who died in the accident on 17.02.2004 at about 10.00 am. The deceased was working as a workman under t
The main legal point established in the judgment is that the employer and the insurance company are jointly and severally liable to pay interest at 12% from the date of the accident till the date of ....
The insurance company is not liable for interest payments under the Workmen's Compensation Act; liability rests with the employer to pay compensation and associated interest.
The insurance company is liable for compensation under the Workmen’s Compensation Act when an employee-employer relationship is established, regardless of the driver's licensing status or the nature ....
The main legal point established in the judgment is the interpretation of the insurance policy terms and the extent of the insurance company's liability under the Workmen's Compensation Act.
The main legal point established in the judgment is that the interest burden under Section 4-A(3)(a) of the Workmen's Compensation Act, 1923, shifts to the Insurance Company.
Employer's liability to pay as per Commissioner's award and the same varied between wages actually drawn by deceased employee and wages shown by employer as payable to employee for purpose of payment....
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