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SANJAY DHAR
Oriental Insurance Company Limited – Appellant
Versus
Ranju Sharma, W/o. Late Sh. Lalit Kumar Sharma – Respondent
JUDGMENT :
1. The appellant has challenged award dated 29.11.2010 passed by the Commissioner under Employees Compensation Act, 1923 (ALC), Jammu, whereby the respondents/claimants have been held entitled to compensation in the amount of Rs.3,05,775/- along with a sum of Rs.2,07,000/- as interest.
2. It appears that the respondents, who happen to be the widow and minor children of deceased Lalit Kumar Sharma, filed a claim petition before the ALC Jammu. In the claim petition, it was submitted that the deceased was working as a Chowkidar/Watchman with the employers, respondent Nos. 8 and 9 to the present appeal. It was alleged that on 04.03.2005, the deceased died during the course of his employment. It was further alleged that the deceased was getting monthly wages of Rs.3000/- per month and his age was 32 years at the time of his death.
3. Respondent No.9-Jai Bharat Corporation Chemical Private Limited in its reply before the ALC denied that the deceased was its employee. It was further submitted that the said respondent had awarded the tender for completion of civil work at his place to respondent No. 8-M/s Sujata Construction Company and that it has nothing to do with the M/s Sujata
The central legal point established in the judgment is that the court found the deceased died due to an accident arising out of and in the course of his employment, based on the evidence presented by....
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 that for an employer's liability for compensation, there must be a causal relationship between the accident and the employment, as per Section 3....
Section 4 of Employee’s Compensation Act, 1923, existed when unfortunate accident took place.
Point of Law : Objective of amendment was to remove a deeming cap on monthly income of an employee and extend to them compensation on basis of actual monthly wages drawn by them, however, there was n....
Point of Law : None of factual findings are found to be either perverse or arbitrary or based on no evidence or against any provision of law.
The requirement for evidence of stress or strain causing death to grant compensation under the Workmen’s Compensation Act.
The burden of proof lies on the dependents to establish the employee-employer relationship and causal connection between the work and the injury under the Workmen's Compensation Act.
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