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VENKATA JYOTHIRMAI PRATAPA
Branch Manager, United India Insurance Co. Ltd. – Appellant
Versus
Katti Devamani – Respondent
| Table of Content |
|---|
| 1. court structure and context (Para 1 , 2) |
| 2. factual background of the deceased's murder (Para 3 , 4 , 5) |
| 3. opposition's response and claims (Para 6 , 7) |
| 4. issues framed by the commissioner (Para 8 , 9 , 10) |
| 5. arguments related to employment and liability (Para 12 , 13 , 14) |
| 6. legal standards for determining compensation (Para 15 , 16 , 17 , 18) |
| 7. court's reliance on previous judgments (Para 19 , 20 , 21) |
| 8. conclusion on employment and compensation (Para 22 , 23) |
| 9. court's decision on appeal outcome (Para 24 , 25) |
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 No
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.
Death of workman by murder due to personal enmity, occurring remotely during nominal employment duties, does not arise out of and in course of employment under Workmen’s Compensation Act absent causa....
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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