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VENKATA JYOTHIRMAI PRATAPA
Divisional Manager, The United India Insurance Company Limited – Appellant
Versus
Bathala Kristaiah @ Pedda Kristaiah – Respondent
JUDGMENT :
VENKATA JYOTHIRMAI PRATAPA, J.
1. This Civil Miscellaneous Appeal is directed against the impugned Order dated 26.11.2007 in W.C. No. 170 of 2005 on the file of the Commissioner for Workmen’s Compensation and Assistant Commissioner of Labour, Kadapa (hereinafter be referred to as “Commissioner”).
2. The appellant was the O.P. No. 2/Insurance Company, the respondent No. 1 was the applicant and the respondent No. 2 was the O.P. No. 1/owner of the offending vehicle before the learned Commissioner. For the sake of convenience, the parties are referred to as they were arrayed before the learned Commissioner.
Case of Applicant in nutshell:
3. Applicant was working as a tractor coolie in Tractor and Trailer bearing Nos. AP04U5336 & 5337 under the employment of O.P. No. 1. The vehicle was insured with O.P. No. 2, vide Policy No. 050901/31/03/00998 valid from 11.10.2003 to 10.10.2004. While so, on 13.12.2003 as instructed by the owner, he being a coolie proceeded in tractor from Gollalabodu Gutta with a load of stones and when they reached near Lingala Dine Palli Village on Porumamilla-Mydukur main road, driver of the tractor drove the vehicle in a rash and negligent manner without ob
The insurance company is liable for compensation under the Workmen’s Compensation Act when an employee-employer relationship is established, regardless of the driver's licensing status or the nature ....
The main legal point established in the judgment is that the interest burden under Section 4-A(3)(a) of the Workmen's Compensation Act, 1923, shifts to the Insurance Company.
The main legal point established in the judgment is that the Insurance Company is primarily liable to pay compensation to the workmen under the Workmen Compensation Act.
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 ....
The insurance company is not liable for interest payments under the Workmen's Compensation Act; liability rests with the employer to pay compensation and associated interest.
The appeal under Section 30 of the Workmen's Compensation Act is limited to substantial questions of law, and findings of fact by the Commissioner are final unless shown to be perverse.
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