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VENKATA JYOTHIRMAI PRATAPA
Branch Manager, United India Insurance Co. Ltd. – Appellant
Versus
Katti Devamani – Respondent
JUDGMENT :
VENKATA JYOTHIRMAI PRATAPA, J.
1. This Civil Miscellaneous Appeal is directed against the impugned Order dated 19.10.2004 in W.C. No. 55 of 2004 on the file of the Commissioner for Workmen’s Compensation and Assistant Commissioner of Labour, Cuddapah (hereinafter be referred to as ‘Commissioner’).
2. The appellant herein was the O.P. No. 2, respondent Nos. 1 to 4 were the applicants Nos. 1 to 4 and the respondent No. 5 was the O.P. No. 1 before the Commissioner. For the sake of convenience and understanding, the parties are referred to as they were arrayed before the learned Commissioner.
Case of the Applicant
3. Applicant No. 1 is wife, Applicant Nos., 2 and 3 are the daughters and the Applicant No. 4 is the son of deceased-Katti Ratnamaiah. Applicant Nos. 2 to 4 are minors, represented by their natural guardian/mother/Applicant No. 1. The deceased was a driver of auto bearing No. AP 04 U 6159 which belongs to the O.P. No. 1. On 05.04.2004, one Devi Reddy Janardhan Reddy and Nimakayala Chinna Reddaiah, known to the deceased, boarded the auto of the deceased at kamalapuram.
4. After reaching Kamalapuram, they requested the deceased to go to Narpala Village of Ananthapur Distri
The central legal point established is the requirement of proving a causal connection between the accident and employment under Section 3(1) of the 1923 Act.
Workmen’s compensation - Natural death - Death by heart attack is an accident is well recognized.
The judgment establishes the principle that an accident must arise both 'out of' and 'in the course of employment' and considers the concept of 'notional extension' of employment.
Under Section 4(1)(c)(ii) of the Act, the percentage of permanent disability needs to be assessed only by a qualified medical practitioner.
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.
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