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URMILA JOSHI-PHALKE
Dy. Chief Engineer (C) Ajni, Central Railway, Nagpur – Appellant
Versus
Laxmi, wd/o. Rajanna Kotpalliwar – Respondent
JUDGMENT :
1. These first appeals are directed against the judgment and award dated 18.5.2010 passed by learned Commissioner under the Compensation Act, 1923 and Judge, First Labour Court at Nagpur in Application (WC/F) No.20/2006 whereby learned Commissioner granted compensation at the rate of Rs.3,12,940/- with interest to Smt.Laxmi wd/o Rajanna Kotpalliwar (claimant).
2. First Appel No.1063/2010 is filed by the Central Railway Nagpur. Whereas, First Appeal No.1180/2010 is filed by the claimant for grant of interest from the date of accident and 50% penalty in view of Section 4(a) of the Employees’ Compensation Act, 1923 (for short, the said Act).
3. Facts in brief, necessary for disposal of appeals, are as under:
The claimant is the widow of Rajanna (deceased). The deceased was an employee of the Central Railway working as a Khalashi (helper) under the control and supervision of the Inspector of Works Department, Ajni in Nagpur Division. As per the contentions of the claimant, her husband had gone to Mumbai for official work on 3.8.2004 and while returning to Nagpur by Mumbai-Howrah Express on 8.8.2004, he died due to heart attack. The deceased had travelled from Nagpur-Mumbai-N
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 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 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....
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....
The court confirmed that a work-related heart attack constitutes an accident under the Employees Compensation Act if stress from employment contributed to the health condition, validating claims for ....
The requirement for evidence of stress or strain causing death to grant compensation under the Workmen’s Compensation Act.
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