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VENKATA JYOTHIRMAI PRATAPA
Divisional Manager, Oriental Insurance Company Ltd. – Appellant
Versus
B. Govindamma, W/o. Late B. Venkatesh – Respondent
| Table of Content |
|---|
| 1. summary of the case and parties. (Para 1 , 2 , 3) |
| 2. insurance company's arguments against compensation. (Para 4 , 7) |
| 3. testimony and evidence presented in court. (Para 5 , 6) |
| 4. determination of substantial questions of law. (Para 8 , 9) |
| 5. analysis of applicable legal standards and precedents. (Para 10 , 11 , 12) |
| 6. conclusion of the case with dismissal of appeal. (Para 13) |
JUDGMENT :
Venkata Jyothirmai Pratapa, J.
This appeal is directed against the impugned award passed by the learned Commissioner for Workmen’s Compensation and Deputy Commissioner of Labour (FAC), Kurnool in W.C. Case No.07 of 2004 dated 10.02.2009.
2. The appellant herein was the respondent No.2. The respondent Nos.1 to 3 in the appeal were the applicants, respondent No.4 was the respondent No.1/owner before the learned Commissioner. For the sake of the convenience the parties will be referred as were arrayed before the learned Commissioner.
3. The case of the Appellant in brief is that the deceased late B. Venkatesh was working as driver of the Tipper under the respondent No.1, who is the owner of the vehicle. On 07.09.2003, while the deceased was driving the tipper bearing No. AP 04T7047 loaded wit
Claimants entitled to interest at 12% from the date of the accident under the Workmen’s Compensation Act, ensuring fairness and adherence to beneficial legislation.
The main legal point established is the determination of liability under the Workmen’s Compensation Act based on the employment relationship and compliance with policy terms by the insurance company.
Point of Law : 12. Liability of interest has to be borne by insurer as liability is attached to amount of awarded compensation under Act, which insurer is liable to indemnify and as necessary corolla....
The main legal point established is that the court must consider the deceased's actual income and apply the correct rate of interest as per the legal provisions under the Employees’ Compensation Act.
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