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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
M.K.THAKKER
Neptune Textile Mills Ltd – Appellant
Versus
Galiben Kantibhai Dabhi – Respondent
JUDGMENT :
M.K.THAKKER, J.
1 The present First Appeal is filed by the appellant, who was the original opponent in Workmen’s Compensation Case (Fatal) No. 55 of 2003 filed before the learned Employees’ Compensation Commissioner, Ahmedabad, under the Workmen’s Compensation Act. By judgment and award dated 16.03.2020, the learned Commissioner awarded compensation of Rs. 2,30,255/- along with simple interest at the rate of 12% per annum from 16.08.2002 till its actual realization, and imposed a penalty at the rate of 35% of the awarded amount.
Factual Matrix:
2 It is the case of the present appellant that the accident occurred on 16.07.2002 when the deceased, Kantibhai, was travelling as a pillion rider in a rickshaw driven by one Haribhai Devsinhbhai Parmar. While they were passing through Odhav Road, after crossing the Soni’s Chawl cross-road, where Haribhai intended to collect money from an auto-parts shop, a Tata Sumo vehicle came from the side of the rickshaw in a rash and negligent manner and dashed against it. As a result, the rickshaw turned turtle and the deceased sustained grievous injuries, which ultimately resulted in his death, giving rise to the fatal claim before the learned
The court held that sufficient evidence supported the existence of an employer-employee relationship during the fatal accident, thus affirming the compensation awarded under the Workmen's Compensatio....
A temporary employment relationship can be established under the Employees’ Compensation Act without a formal contract, relying on circumstantial evidence and admissions.
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.
Workmen’s compensation - Natural death - Death by heart attack is an accident is well recognized.
The insurer is liable for compensation under the Employees’ Compensation Act but not liable for penalty due to employer's personal fault.
An appeal under the Employees Compensation Act requires a significant question of law, particularly regarding employer-employee relationships and evidence appreciation.
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