Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
AJAY MOHAN GOEL
Kartar Singh – Appellant
Versus
Lata Devi – Respondent
| Table of Content |
|---|
| 1. commissioner awarded compensation for workman's death. (Para 1) |
| 2. parties dispute death's link to employment. (Para 2 , 3 , 4) |
| 3. facts show murder during sand loading duty. (Para 5 , 6 , 7 , 8 , 9 , 10) |
| 4. causal nexus required between injury and employment. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 5. precedents demand employment-related risk for liability. (Para 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 6. impugned order quashed; no compensation liability. (Para 25 , 26) |
JUDGMENT :
Ajay Mohan Goel, J.
By way of this petition, filed under Article 227 of the Constitution of India, the petitioner has assailed order dated 28.06.2006, passed by learned Commissioner, under the Workmen’s Compensation Act, Sub-Divisional Magistrate, Ghumarwin, District Bilaspur, H.P., in terms whereof, the petition filed under Section 22 of the Workmen’s Compensation Act, 1923, for the award of compensation by the claimants therein was disposed of by the learned Commissioner in the following terms:-
“The petitioners are entitled to receive compensation of Rs. 4,11,900/- along with interest @ 12% from the date of 28-8-2003 i.e. 1,40,029/-. The principle amount of compensation along with interest liabi
Death of workman by murder due to personal enmity, occurring remotely during nominal employment duties, does not arise out of and in course of employment under Workmen’s Compensation Act absent causa....
An injury is compensable if it arises out of and in the course of employment, establishing a causal connection between the accident and the workman’s duties.
The judgment establishes the principle that an accident must arise both 'out of' and 'in the course of employment' and considers the concept of 'notional extension' of employment.
Employer's liability to pay as per Commissioner's award and the same varied between wages actually drawn by deceased employee and wages shown by employer as payable to employee for purpose of payment....
The court established that under the Workmen’s Compensation Act, the burden of proof lies with the claimants to demonstrate a causal link between employment and the death of the employee, and that th....
Workmen’s compensation - Natural death - Death by heart attack is an accident is well recognized.
The central legal point established is the requirement of proving a causal connection between the accident and employment under Section 3(1) of the 1923 Act.
The main legal point established in the judgment is the interpretation of the Workmen's Compensation Act to provide financial protection to workmen and their dependents in case of accidental injury, ....
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
