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VENKATA JYOTHIRMAI PRATAPA
Shaik Basheer Ahmed – Appellant
Versus
Gopulapati Saida – Respondent
JUDGMENT :
This Civil Miscellaneous Appeal is directed under Section 30 of the Workmen Compensation Act, 1923 (in short the Act) against impugned Order in W.C.No.30/2005, dated 06.01.2008 by the learned Commissioner for Workmen’s Compensation, Labour-II Circle, Guntur. (in short, the Commissioner).
2. The appellant herein was the applicant/injured, who laid a claim seeking compensation of Rs.3,00,000/- against the owner and insurance company. The respondent Nos., 1 and 2 herein were the owner and insurance company of the offending vehicle. For the sake of convenience, parties will be referred to as arrayed before the learned Commissioner.
3. The claim of the applicant is that he was employed as a cleaner for a monthly salary of Rs.4000/- per month on a mini lorry bearing No. ADD 1962 owned by Opposite Party No.1, for which, Opposite Party No.2 issued a policy covering the risk of the applicant. The applicant sustained injury on 24.03.2005 while he was attending the duty. The Opposite Party No.1, who is the owner of the offending vehicle, did not choose to contest the matter.
4. The Opposite Party No.2/Insurance company filed its counter denying material averments made in the applicat
The main legal point established in the judgment is that the insurer is not liable to pay compensation for the death of a cleaner in an accident unless an extra premium is paid under the contract of ....
An insurer remains liable to pay compensation to third parties even if the insured violates policy conditions, but retains the right to recover the paid amount from the insured.
The insurer is liable to pay compensation, even if the driver did not have the specific endorsement in the driving license to drive the commercial vehicle, based on the interpretation of relevant sec....
The specific coverage of an insurance policy and the establishment of an employer-employee relationship are crucial in determining liability and compensation under the Workmen's Compensation Act.
: scheme of the Act of 1923 is that when ever, a workman gets injured during the course of his employment, his employer is to pay the compensation. There is no doubt that the respondent/driver sustai....
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