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2013 Supreme(Kar) 268

S.N.Satynarayana
Graphs Enterprises – Appellant
Versus
K. H. Prakash – Respondent


Advocates Appeared:
Sri M.C. Jayakirthi, for Appellant;
Sri Nataraja Ballal, for Respondent-2, Sri K. Subha Ananthi, for Respondent-3;
Respondent-1 Served.

JUDGMENT

S.N. Satyanarayana, J : 1st Respondent in CR-73/2007 on the file of Commissioner for Workmen's Compensation, Bangalore, has come up in this appeal impugning the Judgment dated 29.02.2012 on the following four grounds:

1. In the first instance, the deceased was not an employee of 1st respondent.

2. Secondly it is contended that since the claimant was working in the premises of 3rd respondent, 3rd respondent would be the employer as defined under Section 2(1)(e) of the Workmen's Compensation Act and as such responsible to pay the compensation.

3. That there was no nexus between the death of deceased due to heart attack the nature of employment, and

4. That even assuming for a moment, it is heart attack, which is not properly explained with necessary documents to establish that the death is directly attributable to employment.

2. Heard the Counsel for appellant and as well as contesting respondent Nos.2 and 3 inasmuch as 1st respondent, K.H. Prakash is stated to have died subsequent to filing of appeal and in that behalf a memo is already filed by the Counsel appearing for him. On re-appreciation of grounds of appeal with reference to the finding of the Commissioner in the Judgment












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