Back
HIGH COURT OF ANDHRA PRADESH
NYAPATHY VIJAY
Chairman And Managing Director, Hyd – Appellant
Versus
Alladi Prakash Raju Kadapa – Respondent
JUDGMENT :
NYAPATHY VIJAY, J.
1. The present C.M.A is filed under Section 30 of Workmen’s Compensation Act, 1923 questioning the Order dated 30.12.2010 in W.C.No.52 of 2007 passed by the Commissioner for Workmen’s Compensation & Assistant Commissioner of Labour, Kadapa, Kadapa District.
2. The O.P.Nos.1 to 3 are the Appellants herein.
3. The facts leading to filing of the present appeal are as follows:-
One Alladi Prakash Raju (hereinafter referred to as “Claimant”) was working as an Electrician on temporary basis for the past 13 years under O.P.No.3 and was being paid monthly wage of Rs.3,000/- per month. On 19.05.2005, while the Claimant was attending the work in the premises of of A.P. TRANSCO Co., Ltd., T.L.C. Stores, Kadapa, on the instructions of O.P.No.3, he climbed an electrical pole to repair the electrical wires, but unfortunately, he fell down from the pole while doing the work. As a result, his right leg and right wrist were fractured, apart from receiving injuries all over the body. Immediately, the Claimant was admitted in Government Hospital, Kadapa by O.P.No.3. After receiving treatment at Government Hospital, Kadapa, the Claimant received treatment at Private Hospitals
The court affirmed the compensation awarded to the Claimant, establishing the employer-employee relationship and validating the evidence supporting the Claimant's injury during employment.
The insurance policy under the Workmen’s Compensation Act covers employees, including second drivers, affirming their entitlement to compensation for work-related injuries.
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.
The main legal point established in the judgment is the determination of the employer-employee relationship and the entitlement to compensation under the Workmen's Compensation Act.
The central legal point established in the judgment is the interpretation of the definition of 'workman' under the Workmen's Compensation Act, emphasizing that it does not cover a contractor.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
