Back
VENKATA JYOTHIRMAI PRATAPA
V. Rajani – Appellant
Versus
P. Kristappa – Respondent
JUDGMENT :
(Venkata Jyothirmai Pratapa, J.)
This Civil Miscellaneous Appeal is preferred under Section 30 of Workmen’s Compensation Act, 1923 (“The Act“) against the impugned order in W.C.No.27 of 2006, dated 12.10.2009 on the file the Assistant Commissioner of Labour, Anantapur (“The Commissioner”).
2. The appellants herein were the claimants, Respondent Nos.,1 and 2 herein were the Opposite Parties No.1 and 2 being the employer and insurer before the Commissioner. For the sake of convenience, the parties hereinafter will be referred to as arrayed before the Commissioner.
3. Case of applicants in brief:-
Applicants are the wife and parents of the deceased/V.Srinivasulu, who was 20 years old getting Rs.3,000/- per month under the employment of the Opposite Party No.1 (O.P.No.1). The deceased died on 18.02.2005 at 06:00PM in an accident while travelling in a Tractor and Trailer bearing No.AP-02-U-1321, AP-02-U-1322. A crime was registered under Sections 337 , 304-A IPC in Cr.No.18 of 2005 of Urvakonda Police Station. Applicants being dependents of the deceased sought compensation of Rs.4,00,000/- against the opposite parties.
4. Contention of Opposite Party No.1:-
O.P.No.1 being o
The burden to establish an employer-employee relationship lies on the claimant, and failure to provide corroborative evidence results in dismissal of compensation claims under the Employees’ Compensa....
A temporary employment relationship can be established under the Employees’ Compensation Act without a formal contract, relying on circumstantial evidence and admissions.
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....
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
