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V. G. BISHT
Oriental Insurance Co. Ltd. – Appellant
Versus
Bhimabai Gadhave – Respondent
JUDGMENT
1. This is an Appeal under Sec. 30 of the Workmen Compensation Act, 1923 ('the Act') by the appellant-Oriental Insurance Co. Ltd. questioning the legality of the judgment rendered in FWCA No. 02 of 2004 on 19/07/2006 by Commissioner, under the Act, Bhandara directing the appellant and others jointly and severally liable to pay compensation of Rs.2,43,300.00 with interest @ 12% per annum from the date till due payment.
2. The applicant No.1 is widow of late Yogesh Gadhave, who was working with the non-applicant No.3 on the post of 'Tipper driver' on monthly salary of Rs.2500.00. Applicant No.2 is the son of applicant No.1.
3. According to applicant-wife, deceased workman was on duty on 15/09/2003 and at about 3-00 a.m. he expired in the premises of Sunflag factory. The work of deceased was to drive the Tipper to collect raw and finished material and to reach it to the different concerning department. On the day of incident due to stress and strain of work he suffered mental, physical and bodily strain and after vomiting blood from his mouth he died. This clearly was because of personal injury in incident arising out of and in course of employment and thus there is a casual c
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 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 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 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 Workmen's Compensation Act is a beneficial legislation and should be given liberal interpretation. The evidence is on the basis of preponderance of probabilities as in the case of civil cases aft....
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....
Causal connection between the nature of employment and the accident is crucial for liability under the Workmen Compensation Act.
Workmen compensation - Merely because death had taken place in course of employment does not necessarily lead to drawing of further inference that it is arising from employment - When there is a caus....
The central legal point established in the judgment is the interpretation of 'arising out of and in the course of employment' under the Workmen's Compensation Act, 1923, and the emphasis on a liberal....
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