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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
NYAPATHY VIJAY, J, NYAPATHY VIJAY
United India Insurance Com. Ltd., East Godavari District – Appellant
Versus
Kum Priba Chandrakala Visakhapatnam District – 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 11.11.2011 in W.C.No.28 of 2010 passed by the Commissioner for Workmen’s Compensation & Assistant Commissioner of Labour, Narsipatnam, Visakhapatnam 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:-
The Claimants are the daughters of late Poiba Neelamma (hereinafter referred to as ‘deceased’). The deceased was working as a Labourer in the Goods Van bearing No.AP-05-U-0040 owned by O.P.No.1 and she was being paid Rs.100/- to Rs.150/- per day as a wage. While so, on 02.10.2006, while the deceased along with other labouers were going on the vehicle, in the course of employment, near Banangipittu Village, Kumada Mandal, Visakhapatnam District, the said vehicle met with an accident, due to which, the deceased sustained injuries and died on the spot.
4. A criminal case in Cr.No.49 of 2006 was registered by the S.H.O. Munchinput Police Station under Sections 304-A, 338 & 337 IPC against the driver of the vehicle. Therefore, the Claimants filed the application seeking c
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 insurance policy under the Workmen’s Compensation Act covers employees, including second drivers, affirming their entitlement to compensation for work-related injuries.
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.
The court upheld the Commissioner's compensation award, emphasizing that reasonable estimates for salary are acceptable in the absence of documentary evidence.
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....
Workmen’s Compensation Act, 1923 is a social welfare legislation and it must be given a beneficial construction – Matters thereunder are to be adjudicated with due process of law and also with a keen....
The entitlement of claimants to receive interest on the compensation amount from the date of the accident and the application of established principles relating to the payment of interest on money cl....
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