Back
IN THE HIGH COURT OF JHARKHAND, RANCHI
MR. JUSTICE SANJAY KUMAR DWIVEDI, J
Ashraf Hussain, Son Of Late Fazal Hussain – Appellant
Versus
National Insurance Company Limited – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
Heard learned counsel for the appellants, learned counsel for the respondent no.2/owner of the vehicle in question and Mr. Amresh Kumar, the learned counsel appearing on behalf of the Insurance Company.
2. This appeal has been preferred against the judgment and Award dated 04.10.2016 passed by learned Presiding Officer, Labour Court-Cum- Commissioner, Workmen Compensation, Hazaribagh, in W.C. Case No.44 of 2011 whereby the compensation case filed by the appellants has been rejected.
3. The Trial Court Records has been received.
4. The learned counsel appearing on behalf of the appellants submits that the learned court has been pleased to dismiss the claim only on the ground that the deceased Md. Ejaz was said to be minor and erroneous finding has been given that he was not employed with the Truck in question. He submits that the owner has not appeared before the learned court and no evidence has been brought on behalf of the owner, however, the driver was examined as AW-2 and he has supported the case that the deceased was employed as Khalasi in the said vehicle and he was being paid Rs.3500/- per month as salary and Rs.1500/- as Diet Allowance. He
The Employees’ Compensation Act permits compensation for minors employed in accidents, emphasizing the act's beneficial purpose for workers and their dependents.
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....
Claimants must prove disputed employer-employee relationship, especially between relatives, with cogent documentary and independent evidence; self-serving testimonies insufficient to impose insurer l....
The court established that an employee's presence in a vehicle during an accident, even if not driving, qualifies for compensation under the Employees Compensation Act.
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.
An employer is liable for compensation under the Employees' Compensation Act even if the employee was negligent or held a fake driving license, provided the accident occurred in the course of employm....
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
