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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
B.R.MADHUSUDHAN RAO
United India Insurance Co. LTD., Hydeabad – Appellant
Versus
N. Laxmi, Adilabad Dist – Respondent
| Table of Content |
|---|
| 1. circumstances surrounding the employee’s death. (Para 2 , 3 , 5 , 6) |
| 2. arguments presented by both parties. (Para 4) |
| 3. finding of fact regarding employment status and accident. (Para 8 , 10 , 15 , 17 , 18) |
| 4. definition and implications of substantial question of law. (Para 12 , 14) |
| 5. final ruling of dismissal of the appeal. (Para 19 , 20) |
ORDER:
The present appeal is filed under Section 30 of Employee’s Compensation Act, assailing the order in W.C.No.25 of 2007 dated 19.06.2015, passed by Deputy Commissioner of Labour, Adilabad.
3. Learned counsel for the appellant submits that the learned authority failed to appreciate the facts that the employee was not in the employment or discharging his employment duties under his master at the time of accident and the commissioner failed to look into the counter filed by O.P.No.1 in W.C.No.25 of 2007 that he did not admit that the victim died in the course of his employment while driving his tractor, it is only an after call and developed version causing loss to the exchequer of the insurance company and that the victim was going to his house on the directions of his master, prayed to allow the appeal.
5. Respondent Nos.1 and 2
The judgment upheld the compensation ruling, affirming the necessity of establishing the employer-employee relationship in worker compensation claims.
The appellate jurisdiction of the High Court is confined only to examine the substantial questions of law arising in the case, as provided under Section 30 of the Workmen's Compensation Act, 1923.
Limited jurisdiction of the High Court in appeals under the Workmen's Compensation Act, 1923.
The High Court's jurisdiction under Section 30 of the Workmen's Compensation Act is limited to substantial questions of law; it cannot re-evaluate evidence or disturb findings unless they are pervers....
The High Court's jurisdiction under Section 30 of the Workmen's Compensation Act is limited to substantial questions of law, and it cannot re-evaluate factual findings.
An insurance company is liable for compensation claims under the Workmen’s Compensation Act even if no separate premium for laborers was paid, provided the employment relationship is established.
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