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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
SRI JUSTICE NYAPATHY VIJAY, J
Shaik Asrifoon – Appellant
Versus
Guddanti Vijaya Krishna – Respondent
JUDGMENT :
1. The present C.M.A is filed under Section 30 of Workmen’s Compensation Act, 1923 questioning the Order dated 11.01.2010 in W.C.No.3 of 2009 passed by the Commissioner of Labour for Workmen’s Compensation, Ongole, Prakasam District.
2. The Claimants are the Appellants herein.
3. The facts leading to filing of the present are as follows:-
The claim application was filed by the wife and two minor daughters of one Shaik Masthan @ Mastan Vali (hereinafter referred to as ‘deceased’). The deceased was working as a Cleaner on Lorry bearing No.AP-27-V-9007 owned by O.P.No.1.
4. On 17.09.2008, the deceased along with the Driver Pathan Yasin and Water Plant Helper Gudipudi Siva started from Akkayapalem Water Plant at 8.45 a.m. to go to Ongole as per the instructions of O.P.No.1. When the vehicle reached Vetapalem, near Kotta Kaluva bridge, a Tractor bearing No.AP-27-U-6733 was coming towards Vetapalem from Pandillapalle with a sand load and entered on to the bridge in a rash and negligent manner and almost hit the lorry in which the deceased was travelling. There was an altercation between the lorry driver along with the deceased and the driver of the tractor.
5. In the exchange of wor
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 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.
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.
Workmen’s compensation - Natural death - Death by heart attack is an accident is well recognized.
The court affirmed that a non-transport driving license suffices for operating a transport vehicle, and the insurance company remains liable despite vehicle transfer.
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.
The central legal point established in the judgment is that for an employer's liability for compensation, there must be a causal relationship between the accident and the employment, as per Section 3....
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