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G. RADHA RANI
New India Assurance Company Ltd – Appellant
Versus
K. Harish – Respondent
JUDGMENT :
Both these appeals are filed by the appellant - Insurance Company aggrieved by the orders of the learned Commissioner for Employees Compensation and Deputy Commissioner of Labor-I, T.Anjaiah Karmika Samkshema Bhavanam, RTC 'X' Roads, Hyderabad in E.C.No.139 of 2015 and E.C.No.137 of 2015, both dated 13.11.2017.
2. The applicant in E.C.No.139 of 2015 was the adopted son of the deceased Krishna, who worked as a cleaner on an Eicher Van bearing No.AP-07-TB- 2155 under the employment of opposite party No.1 (for short "O.P.1") and sustained injuries in an accident that occurred on 27.05.2015. The applicants in E.C.No.137 of 2015 were the wife, minor son and parents of the deceased Younus, who worked as a driver on the same Eicher Van bearing No.AP-07- TB-2155 under the employment of O.P.1 and sustained injuries in the same accident that occurred on 27.05.2015.
3. The case of the applicants was that on 26.05.2015 one Mr.Raheem, the additional driver of the Eicher Van bearing No.AP-07-TB-2155 started from Gajula Malkapuram Village with a load of Chilly and while proceeding towards Hyderabad on the said vehicle, on the way, stopped the vehicle in front of new Bus Stand on service r
The court upheld the Commissioner’s findings that the deceased were workmen under the Employees Compensation Act, affirming that appeals are limited to substantial questions of law.
The central legal point established in the judgment is the requirement for irrefutable evidence to establish the employee-employer relationship and the importance of statutory requirements in fixing ....
The insurer is liable for compensation under the Employees’ Compensation Act but not liable for penalty due to employer's personal fault.
Workmen’s compensation - Natural death - Death by heart attack is an accident is well recognized.
The insurance company is liable for compensation under the Workmen’s Compensation Act when an employee-employer relationship is established, regardless of the driver's licensing status or the nature ....
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