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P. SAM KOSHY
New India Assurance Company Limited – Appellant
Versus
Sukrita Manikpuri Wd/o Late Beerbal Das Manikpuri – Respondent
JUDGMENT :
1. The present is an appeal by the Insurance Company under Section 30 of the Employee’s Compensation Act, 1923. The challenge is to the award dated 25.10.2016 passed by the Commissioner for Employees Compensation-cum-Labour Court, Bilaspur in Case No.184/E.C.Act/2006-Fatal. Vide the impugned order the Commissioner has awarded compensation of Rs.4,92,650/-with interest @ 12% per annum. The liability of payment of compensation has been fastened upon the Insurance Company which had insured the Trailer(Truck) bearing registration No.CG10G1341 owned by respondent no.5. The deceased Beerbal Das Manikpuri, at the time of accident was aged around 35 years and he was basically a driver working with respondent no.5. It is said that in the course of his employment the respondent no.5 had directed the deceased to drop one of his vehicles i.e. Trailer (Truck) bearing registration No.CG10G1341 from Baloda Bazar to Raigarh. The deceased took the vehicle and is said to have dropped the same at the destination at Raigarh. Thereafter, while he was returning from work, enroute he did not feel well and immediately he was taken to a hospital near Baloda Bazar where he was declared dead.
2. It
Compensation claims under the Employee's Compensation Act require proof of an accident arising out of and in the course of employment.
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 central legal point established in the judgment is the requirement to establish a clear causal connection between an accident and employment to determine entitlement to compensation under the Wor....
The main legal point established in the judgment is the inclusive nature of the definition of 'employer' under the EC Act, and its application to temporary hiring, as well as the requirement for subs....
S. 3 of the Workmen’s Compensation Act, inter alia, provides that if personal injury is caused to a workman by an accident arising out or in the course of his employment, his employer shall be liable....
The central legal point established in the judgment is the determination of the deceased's status as an employee and the occurrence of his death during the course of employment.
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