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B.MANOHAR
Divisional Manager ICICI Lombardo General Insurance Company Ltd. – Appellant
Versus
Gangamma – Respondent
B. Manohar, J.—The appellant-Insurance Company filed this appeal challenging the judgment and order dated 31.7.2007 made in No. WCA-F/41/2007 passed by the Labour Officer and the Commissioner for Workmen’s Compensation, Bagalkot (hereinafter referred to as ‘the WCC’).
2. Respondents 1 to 4 herein filed a claim petition before the WCC contending that they are the legal representatives of deceased Basavaraj Thotad, who was working as a driver in a lorry bearing registration No. KA-26/4292 belonging to the 5th respondent. On 23.4.2006, as per the instructions of the owner, after loading granite stones at Ilkal while proceeding towards Bangalore, the said vehicle met with an accident on NH-13 and Basavaraj Thotad succumbed to injuries. At the time of accident, the deceased was aged about 32 years and getting a salary of Rs.5,000 per month and batta of Rs.100 per day. The claimants are dependents of the deceased. The accident occurred during the course and arising out of the employment. In view of the death of the bread earner, the family of the deceased became destitute and sought for compensation of Rs.14,00,000.
3. In pursuance of the notice issued by the WCC, the owner of th
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
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