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VENKATA JYOTHIRMAI PRATAPA
New India Assurance Company Limited – Appellant
Versus
Dasari Chennamma – Respondent
JUDGMENT :
VENKATA JYOTHIRMAI PRATAPA, J.
1. This Civil Miscellaneous Appeal is directed under Section 30 of the Workmen Compensation Act against the Order dated 22.11.2007 in W.C. No. 37 of 2005 on the file of the Commissioner for Workmen’s Compensation & Assistant Commissioner of Labour, Anantapur.
2. Appellant herein was Opposite Party No. 2/Insurance Company, Respondents Nos., 1 and 2 were the applicants and Respondent No. 3 was the Opposite Party No. 1/owner of the offending vehicle before the learned Commissioner. For the sake of convenience and understanding, the parties are referred to as they were arrayed before the learned Commissioner.
3. Applicant No. 1 herein is the mother and the Applicant No. 2 herein is the wife of the deceased-Dasari Obulesu. The deceased while attending duty on 26.11.2003 at about 3.30 A.M. as cleaner-cum-hamali for the purpose of unloading and maintaining the vehicle of Opposite Party No. 1, sustained severe head injuries and died at Tadipatri Government Hospital while taking treatment.
4. Therefore, the applicants sought compensation for the untimely death of the deceased against the owner and insurance company. The learned Commissioner granted an
It was for claimant to have opted for claim of compensation either under Workmen’s Compensation Act or under Motor Vehicles Act.
Penalties under the Workmen’s Compensation Act are the responsibility of the insurer, not the Insurance Company; interest awarded at 12% was justified.
The insurance company is liable for compensation and penalty under the Workmen's Compensation Act, with the court's jurisdiction limited to substantial legal questions, not factual re-evaluation.
The appeal court can only intervene on substantial questions of law, preserving the Commissioner’s fact-finding authority while holding the employer liable for compensation penalties, with insurance ....
Liability for penalty under the Workmen's Compensation Act rests on the employer, not the insurance company, and interests awarded are also subject to statutory amendments.
The High Court's jurisdiction under Section 30 of the Workmen's Compensation Act is limited to substantial questions of law, and it cannot re-evaluate factual findings.
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