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VENKATA JYOTHIRMAI PRATAPA
NATIONAL INSURANCE COMPANY LIMITED – Appellant
Versus
CHIKKALA SESHAIAH , S/o. Died as per Lrs 3 and 4 – Respondent
JUDGMENT :
This Civil Miscellaneous Appeal is preferred under Section 30 of the Workmen’s Compensation Act, 1923 (in short “The Act”) against the impugned award in W.C.No.22 of 2006, dated 11.09.2008 on the file of the Commissioner for Workmen’s Compensation and Assistant Commissioner of Labour, Kadapa (in short “The Commissioner”).
2. The appellant herein is the O.P. No.2, the respondent No.1 is the applicant and respondent No.2 is the O.P. No.1 respectively before the learned Commissioner. For the sake of convenience, the parties will be referred as they are arrayed before the Commissioner. During pendency of the appeal, the applicant died, due to which, respondents 3 and 4 being his wife and son were brought on record.
3. Case of the Applicant
a. The case of applicant is that the applicant sustained injuries during the course of employment as driver of the lorry bearing No.AP-02-U-5418 while working under O.P. No.1. On 17.08.2005 at about 09.00PM, while he was proceeding in the lorry on Rayalacheruvu-Tadipatri road in between Vengampeta and Cheemalavagupalli village in a slow and careful manner by taking all traffic precautions, one lorry bearing No.KA-02-E-6599 was stationed on w
The main legal point established is that the calculation of compensation for disability and entitlement to interest under the Workmen's Compensation Act is based on the doctor's evidence of disabilit....
A disability certificate issued by a qualified medical professional suffices to establish loss of earning capacity, and factual findings of a compensation Commissioner are final if admissible evidenc....
: 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....
The main legal point established is the determination of liability under the Workmen’s Compensation Act based on the employment relationship and compliance with policy terms by the insurance company.
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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