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VENKATA JYOTHIRMAI PRATAPA
Divisional Manager United India Ins Co Ltd Kadapa The United India Insurance Company Limited – Appellant
Versus
D. Harijana Usenappa – Respondent
JUDGMENT:
VENKATA JYOTHIRMAI PRATAPA, J.
1. This Civil Miscellaneous Appeal is preferred under Section 30 of Workmen’s Compensation Act, 1923 (in short ‘The Act’) against the impugned order dated 12.08.2009 in W.C. No.5 of 2007 on the file of the Commissioner for Workmen’s Compensation and Assistant Commissioner of Labour, Anantapur (hereinafter be referred to as “the Commissioner”).
2. The appellant herein was the Opposite Party No.2 and respondent Nos.1 to 3 herein were the applicants and Respondent No.4 was the Opposite Party No.1 before the learned Commissioner.
For the sake of convenience, the parties hereinafter will be referred to as they arrayed before the learned Commissioner.
3. The case of the appellant in brief is that,
The applicants being the parents and unmarried sister of the deceased D.Harijana Lakshmaiah filed the claim petition before the learned Commissioner for a compensation of Rs.4,00,000/-for the death of the deceased occurred during the course of employment while attending the loading of earth material to the fields of Opposite Party No.1. Opposite Party No.1 being the owner of the tractor filed counter denying the petition averments. He further stated that on
The central legal point established in the judgment is the determination of employer-employee relationship and the application of statutory requirements under the Workmen's Compensation Act.
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....
An insurance company is liable for compensation claims under the Workmen’s Compensation Act even if no separate premium for laborers was paid, provided the employment relationship is established.
The central legal point established in the judgment is that for an employer's liability for compensation, there must be a causal relationship between the accident and the employment, as per Section 3....
An employee's death due to chest pain and cardiac arrest while on duty is compensable under the Workmen's Compensation Act, 1923, and the insurer is liable to pay compensation with interest at 12% pe....
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