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VENKATA JYOTHIRMAI PRATAPA
Gara Padma – Appellant
Versus
Ferro Alloys Corporation Ltd. – Respondent
JUDGMENT :
VENKATA JYOTHIRMAI PRATAPA, J.
This Civil Miscellaneous Appeal is preferred under Section 30 of Workmen’s Compensation Act, 1923 (in short “The Act”) against the impugned order in W.C.No.44 of 2004, dated 26.11.2005 on the file of the Assistant Commissioner of Labour Circle I, Visakhapatnam (in short “The Commissioner”).
2. The appellant herein was the claimant. The respondent Nos.1 and 2 herein were the respondents being the owner and insurer before the learned Assistant Commissioner of Labour, Visakhapatnam. For the sake of convenience, the parties will be referred to as arrayed before the learned Commissioner.
3. Case of the applicant:-
Applicant being wife of the deceased Late Adinarayana preferred a claim seeking compensation of Rs.3,19,600/-. stating that her husband worked as watchman/servant under O.P.No.1 for which the O.P.No.2 is the manager since 1980 till 11.10.2003, they used to stay in the quarter provided by the opposite parties. While so, on 11.10.2003 while her husband was on duty, at camp office at Sri Ram Bhavan Visakhapatnam he suffered a heart attack and was admitted in King George Hospital Visakhapatnam at 9:30 PM and died within one hour. According to
The High Court's jurisdiction under Section 30 of the Workmen’s Compensation Act is confined to substantial questions of law, and it cannot re-evaluate factual findings made by the Commissioner.
The entitlement of claimants to receive interest on the compensation amount from the date of the accident and the application of established principles relating to the payment of interest on money cl....
The appeal under Section 30 of the Workmen’s Compensation Act is limited to substantial questions of law, and the Commissioner’s findings on facts are final unless proven perverse.
The judgment established the limited scope of appeal under Section 30 of the Workmen’s Compensation Act, emphasizing that appeals can only be based on substantial questions of law.
Compensation for work-related death must include interest from the date of the accident, as the employer's liability arises immediately upon the occurrence of the accident.
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