Back
V. G. BISHT
Maharashtra State Road Transport Corporation Through Divisional Controller – Appellant
Versus
Nasim Begum – Respondent
JUDGMENT
V. G. Bisht, J. - This is an appeal under Section 30 of the Empoyees Compensation act, 1923 ('the act') by the appellant employer (original non-applicant) questioning the legality of the judgment rendered in WCa Case No.95/96 on 11.05.2005 by Commissioner, under the act, First Labour Court, Nagpur directing appellant to deposit compensation amount of Rs.1,86,900/-.
2. The applicant No.1 is widow of late Shri Mohd. Shami s/o Ismail Miyan who was working with the non-applicant as helper and was attached to the Divisional Workshop at Nagpur. The applicant Nos. 2 to 5 are daughters of applicant No.1.
3. according to applicants deceased workman was on duty on 21.12.1995 and at about 4.30 PM complained of pain in the chest. He was admitted in the Medical College and Hospital by the non-applicant but he died on the same day. according to applicants the death was due to heavy work which the deceased workman was doing and thus, the accident occurred during and in course of employment and therefore, she claimed compensation in the sum of Rs.1,86,900/- by way of compensation.
4. Non-applicant-MSRTC resisted the application by denying that the death of the deceased workman occurred during
The central legal point established in the judgment is the interpretation of the circumstances under which the employer is liable for employees' compensation as per Section 3(1) of the Employees Comp....
The central legal point established in the judgment is the interpretation of the circumstances under which the employer is liable for employees compensation under section 3 of the Employees Compensat....
The central legal point established in the judgment is the need to establish a proximate nexus between the death of a worker and the nature of their employment to determine liability for compensation....
Natural deaths due to work-related stress can qualify for compensation under the Employees Compensation Act if a causal connection to employment is established.
The requirement for evidence of stress or strain causing death to grant compensation under the Workmen’s Compensation Act.
The central legal point established in the judgment is the requirement for the claimant to prove the causal connection between the employment and the death of the worker, as well as the need for evid....
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
