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NYAPATHY VIJAY
Oriental Insurance Company Limited – Appellant
Versus
Chukkala Eshwari – Respondent
ORDER :
NYAPATHY VIJAY, J.
1. The present civil miscellaneous appeal is filed under section 30 of the Employees Compensation Act, 1923 against the order dated 05.06.2009 in W.C.No.25 of 2006 passed by the Assistant Commissioner of Labour, Tenali.
2. The facts leading to this appeal are as under:
The deceased-Chukkala Appa Rao worked as a driver under respondent No.5 herein on his lorry bearing No. AP - 16TV – 1557 in which the appellant was the insurer. It was pleaded that the deceased-Chukkala Appa Rao along with cleaner Modumedi Prasad had started from Nagpur to Hyderabad on 28.08.2005 with a load of iron channels and in the course of their journey, they had their dinner at Kukunurpalli Dabha and thereafter they resumed their onward journey towards Hyderabad. At that point of time, the deceased informed the cleaner that he was having pain in the chest and entrusted the lorry/trailer to drive. After reaching Grameena Bank, Kukunurpalli Village, Medak District, the cleaner noticed that the deceased-Chukkala Appa Rao died due to heart attack. Thereupon, the case for compensation was filed by the wife and her two children and mother. It was their case that the deceased was on duty contin
The court affirmed that a heart attack can be deemed a work-related death if employment stress is a contributing factor.
Long spells of driving can be a material contributory factor for untimely death of Driver.
The court emphasized that failure to frame essential issues, particularly regarding limitation under Section 10 of the Employee’s Compensation Act, invalidates the judgment.
The appellants were entitled to compensation for the employee's death as relationship with the employer was established, and the claim was not barred by limitation due to timing of civil death declar....
Workmen’s compensation - Natural death - Death by heart attack is an accident is well recognized.
The establishment of an employer-employee relationship is essential for claiming compensation under the Employee’s Compensation Act, and the liability for interest on compensation lies with the emplo....
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