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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
LAXMI NARAYANA ALISHETTY
New India Assurance Company Limited – Appellant
Versus
Thatikonda Ashwini – Respondent
| Table of Content |
|---|
| 1. overview of case and parties involved (Para 1 , 2 , 3 , 4) |
| 2. arguments regarding insurance liability (Para 6 , 10 , 11) |
| 3. judgment and order of the court (Para 9 , 14) |
| 4. court's reasoning on employment status (Para 12 , 13) |
JUDGMENT :
(LAXMI NARAYANA ALISHETTY, J.)
The present appeal has been filed by the appellant-insurance company challenging the order passed by the Commissioner for Employees’ Compensation and Assistant Commissioner of Labour- IV: T.Anjaiah Karmika Samkshema Bhavan, RTC X Roads, Hyderabad (for short, ‘Labour Court’)in E.C.No.197of 2018, dated 06.01.2025.
2. Heard Sri V. Sambasiva Rao, learned counsel for appellant- insurance-company, Smt. Annapurna Sreeram, learned counsel for respondent Nos.1 to 6, who is on caveat.
3. Appellant herein is the Insurance company, respondent Nos. 1 to 5 are claimants and respondent No.6 is the owner of the crime vehicle. For convenience, the parties hereinafter are referred to as they are arrayed before the Tribunal.
4. The brief factual matrix of the present appeal is as under.
4.1 One Sri Damodar (hereafter referred as ‘deceased’) is the husband of respondent No.1, father of respondent Nos.2 and 3 and son of responden
Accidents occurring during the course of employment, regardless of the vehicle used, are compensable under the Employees' Compensation Act, emphasizing employer liability and the relevance of the not....
The doctrine of notional extension of employment applies, entitling claimants to compensation even during incidental acts like attending to nature's call, confirming employer and insurer liability.
The court affirmed that an employee's accidental death during commute can be deemed to arise out of employment under the doctrine of notional extension, impacting liability and compensation assessmen....
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....
The court established that an employee's fatal accident during commute can be deemed to arise out of employment under the notional extension doctrine, warranting compensation based on actual wages.
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.
Compensation claims require proof of causal connection between death and employment; absence of evidence linking death to work results in claim dismissal.
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