Back
IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
SHIVASHANKAR AMARANNAVAR
Chaya, W/o Ramachandra Kalel – Appellant
Versus
Anil S/o Baban Baad – Respondent
JUDGMENT :
SHIVASHANKAR AMARANNAVAR, J.
This appeal is filed under Section 30 (1) of the Employees Compensation Act, by the claimants praying to set aside the judgment dated 09.06.2020, passed in ECA No.667/2014, by the III Additional Senior Civil Judge and Commissioner for Employees Compensation, Vijayapur.
2. The facts of appellants/claimants’ case before the Commissioner were that they are the wife, children and the parents of the deceased Ramachandra Kalel. The deceased Ramachandra was coolie, working in a sugar cane lands and in the vehicle which was transporting sugar cane to the sugar factory, under respondent No.1 in his pick-up vehicle bearing No.MH-45/9781 and he was paid monthly wages of Rs.6,000/- by respondent No.1. That on 28.06.2013, the deceased Ramachandra was working as a coolie under respondent No.1 in his pick-up vehicle bearing No.MH-45/9781 and in the morning, he was proceeding towards sugar cane lands to attend the sugar cane cutting work towards Mahood from Laxmi Nagar, Sangola. While proceeding so, at about 08-30 a.m., when the vehicle came near Mahood village, the driver of the said vehicle drove it in a rash and negligent manner and due to high speed, the v
The court held that evidence supported the employer-employee relationship of the deceased and that the case required remand for further determination of insurer liability and compensation related to ....
Vehicle owner hiring driver for short duration establishes employer-employee relationship under Employees’ Compensation Act via oral/implied contract, proved by owner’s FIR without written proof.
A temporary employment relationship can be established under the Employees’ Compensation Act without a formal contract, relying on circumstantial evidence and admissions.
Employer-employee relationship must be substantiated; lack of evidence from insurer leads to liability for compensation under Employees' Compensation Act.
The court affirmed that an employee's death can be compensable if caused by stress related to employment, despite pre-existing health conditions.
The central legal point established in the judgment is the requirement of evidence to establish the employer and employee relationship in Workmen Compensation cases.
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....
The murder of an employee during the course of performance of his duties would entitle the legal heirs to seek a claim under the Employee Compensation Act.
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
