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VENKATA JYOTHIRMAI PRATAPA
Shabbir – Appellant
Versus
Commissioner for Workmen Compensation – Respondent
| Table of Content |
|---|
| 1. basics of the appeal and accident details. (Para 1 , 2 , 3) |
| 2. issues framed and findings by the commissioner. (Para 4 , 5) |
| 3. substantial questions raised in the appeal. (Para 6) |
| 4. analysis of the definition of 'workman' under the act. (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 5. examination of evidence related to the accident and injuries. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 6. court’s conclusion on employer liability and connection to employment. (Para 25 , 26) |
| 7. final order and dismissal of appeal. (Para 27 , 28) |
JUDGMENT :
VENKATA JYOTHIRMAI PRATAPA, J.
1. This Civil Miscellaneous Appeal is preferred against the impugned order dated 18.11.2010 in W.C. No. 7 of 2010 on the file of the Commissioner for Workmen’s Compensation Act and Deputy Commissioner of Labour, Nellore (hereinafter be referred to as “Commissioner”).
2. This appeal is an aftermath to a claim before the learned Commissioner by one K.Appala Swamy (Respondent No. 2) under the Workmen’s Compensation Act, 1923 (for short ‘the Act’) seeking compensation for the injuries sustained during the course of employment under the owner/Opposite Party.
3. The case of the applicant in brief is that, he met
The main legal point established in the judgment is the interpretation of the definition of 'workman' under Section 2(n) of the Workmen Compensation Act and the retrospective effect of the amendment ....
An injury is compensable if it arises out of and in the course of employment, establishing a causal connection between the accident and the workman’s duties.
The entitlement of claimants to receive interest on the compensation amount from the date of the accident and the application of established principles relating to the payment of interest on money cl....
The main legal point established in the judgment is the determination of the employer-employee relationship and the entitlement to compensation under the Workmen's Compensation Act.
Employer liability under the Employees' Compensation Act arises immediately upon personal injury occurring in the course of employment, with appellate jurisdiction limited to substantial questions of....
An employer is liable for compensation if an accident arises out of and in the course of employment, regardless of any altercation preceding the accident.
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