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HIGH COURT OF ANDHRA PRADESH
NYAPATHY VIJAY
New India Assurance Company Limited, Secunderabad – Appellant
Versus
N Mahaboob Basha – 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 30.06.2005 in W.C.No.126 of 2004 passed by the Commissioner for Workmen’s Compensation & Assistant Commissioner of Labour, Cuddapah, Cuddapah District.
2. The O.P.No.2-Insurance Company is the Appellant herein.
3. The facts leading to filing of the present appeal are as follows:-One N. Mahaboob Basha (hereinafter referred to as “Claimant”)was working as second driver/relief driver of the lorry bearing No.AP-02-V-3363 belonging to O.P.No.1 having National permit. On 08.09.2003, the Claimant as per the instructions of O.P.No.1/owner loaded the lorry with mangoes at Railway Kodur, Cuddapah District to go to Mumbai, which is at a distance of 1200 Kms. While proceeding towards Mumbai, when the lorry reached Malavi Bridge, the lorry was stopped for fuel and air and stationed by the side of the road. While so, another lorry bearing No.MH-12-QA-9520, which was coming from the back side, hit the lorry of O.P.No.1 due to rash and negligent driving of that lorry driver and as a result, the Claimant received fracture injuries to his legs and was admitted in
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 appellate court can receive additional evidence under Section 30 of the Employees Compensation Act, emphasizing the insurance company's duty to produce relevant documents for fair adjudication.
: scheme of the Act of 1923 is that when ever, a workman gets injured during the course of his employment, his employer is to pay the compensation. There is no doubt that the respondent/driver sustai....
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 employer is liable to pay compensation for injuries occurring during the course of employment as per the Workmen's Compensation Act, and the assessment of disability and compensation must be appr....
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'.
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