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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
SRI JUSTICE NYAPATHY VIJAY, J
Divisional Manager, Anantapur District – Appellant
Versus
B. Gangamma – Respondent
| Table of Content |
|---|
| 1. claimants are the family of the deceased (Para 3) |
| 2. accident details and employment (Para 4 , 5) |
| 3. insurance company disputes liability (Para 6) |
| 4. commissioner framed issues (Para 7 , 9) |
| 5. witness testimony supporting claim (Para 8) |
| 6. employer's testimony on employment (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 7. court dismisses the appeal (Para 22 , 23 , 24) |
JUDGMENT :
2. The O.P.No.2-Insurance Company is the Appellant herein.
The Claimants are the wife, children and parents of one B. Ramanjaneyulu (hereinafter referred to as ‘deceased’). The deceased was employed under O.P.No.1 as Hamali in his Tractor & Trailer bearing Nos.AP-02-K-1278 & 1279. The deceased was being paid Rs.4,500/- per month by way of his avocation. The Tractor & Trailer was being used to carry gravel from hillock situated in Ramapuram Village to the surrounding work spot where gravel was required. The practice was that the driver of the O.P.No.1/owner used to collect coolies from Challavaripalli and Ramapuram Villages etc. and used to go to hillock for chipping the gravel and loading it on the Tractor and Trailer for unloading the same at the required spot.
5. O.P.No.1/owner
The deceased, as a Hamali, is considered a workman under the Workmen’s Compensation Act, and the insurance company is liable for compensation as he falls under the definition of 'third party'.
The court affirmed that a non-transport driving license suffices for operating a transport vehicle, and the insurance company remains liable despite vehicle transfer.
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.
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 appeal under Section 30 of the Workmen’s Compensation Act is limited to substantial questions of law, and the Commissioner’s findings on facts are final unless proven perverse.
Under Section 4(1)(c)(ii) of the Act, the percentage of permanent disability needs to be assessed only by a qualified medical practitioner.
The insurance policy under the Workmen’s Compensation Act covers employees, including second drivers, affirming their entitlement to compensation for work-related injuries.
Proviso (ii) to Sub-section (1) of Section 147 i.e., if the insured had taken a policy covering only third party risk, even then the driver of the vehicle which is insured and if it is a public servi....
The central legal point established in the judgment is the requirement of evidence to establish an employer-employee relationship and the significance of a legal heirship certificate in workmen compe....
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