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VENKATA JYOTHIRMAI PRATAPA
V. Anjaiah – Appellant
Versus
P. Kristappa – Respondent
JUDGMENT
1. This Civil Miscellaneous Appeal is preferred against the impugned order dtd. 12/10/2009 in W.C.No.28 of 2006 on the file of the Commissioner for Workmen's Compensation-cum-Assistant Commissioner of Labour, Ananthapur.
2. The appellants herein are the claimants and the respondents 1 and 2 herein are the Opposite Parties 1 and 2 before the learned Commissioner. For the sake of convenience, the parties will be referred as they are arrayed before the learned Commissioner.
3. The applicants, being the children of deceased V. Yerramma, filed the W.C. claiming compensation of Rs.2, 00, 000.00 from Opposite Parties 1 and 2 for the death of deceased V. Yerramma, who was working as employee of Opposite Party No.1. On 18/2/2005 the deceased Yerramma and others were engaged by the Opposite Party No.1 for the work and they boarded a tractor and trailer bearing No.AP-02-U-1321 and AP-02-U-1322 and at about 6.00P.M., they proceeded from Chinnakowkuntla village to PABR dam to transport mud to the fields of Opposite Party No.1 at Peddikowkuntla village. While the tractor proceeded and reached at 4 KMs, the driver drove the vehicle at a high speed rashly and negligently in a zigzag manner
The main legal point established in the judgment is that under the Workmen's Compensation Act, only dependents as defined under Sec. 2 (1) (d) are entitled to claim compensation, and being major and ....
The judgment establishes the importance of proving dependency under the Workmen Compensation Act and emphasizes the interpretation of beneficial legislations in favor of the beneficiaries.
The central legal point established in the judgment is the requirement of evidence to establish an employer-employee relationship and the significance of a legal heirship certificate in workmen compe....
Workmen Compensation - Dependent - Essential ingredients are missing in this case and since these claimants do not come under definition of 'dependent' under Section 2.(i)(d) of Act, they cannot be r....
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