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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
B.R.MADHUSUDHAN RAO
United India Insurance Company Limited – Appellant
Versus
Rahena Parvin W/o Late Mohd. Wahiddullah Khatif @ Vahidulla – Respondent
| Table of Content |
|---|
| 1. death occurred during course of employment. (Para 3 , 4 , 10 , 23 , 29) |
| 2. (Para 6 , 9 , 11 , 14 , 15 , 25 , 26) |
| 3. substantial questions of law raised in appeal. (Para 12 , 13 , 18 , 19 , 20 , 21 , 22) |
| 4. legal framework under workmen's compensation act considered. (Para 16 , 27) |
| 5. appeal dismissed with no order as to costs. (Para 30 , 31) |
JUDGMENT :
B.R. MADHUSUDHAN RAO, J.
1. This memorandum of Civil Miscellaneous Appeal is filed under Section 30 of Workmen's Compensation Act assailing the order passed by the Commissioner for Employees’ Compensation and Assistant Commissioner of Labour-IV, Hyderabad in WC.No.91 of 2009, dated 12.01.2016.
2. Appellant is the opposite party No.2. Respondent Nos.1 and 2 are the applicant Nos.1 and 2. Respondent No.3 is the opposite party No.1 in WC No.91 of 2009.
3. Respondent Nos.1 and 2-applicants stated that Md.Wahiddullah Khatif @ Vahidulla worked as a driver on a lorry bearing No.MA 29M 6929 under the employment of respondent No.3-opposite party No.1. Md.Wahiddullah Khatif died in the course of employment on 09.03.2009 and that the opposite party No.2 is the Insurer of the said Lorry. The deceased was on duty as a driver on the a
The court upheld that the death of a driver during a break from duty is compensable under the Workmen's Compensation Act, affirming the importance of employment connection in death claims.
Workmen’s compensation - Natural death - Death by heart attack is an accident is well recognized.
An employer is liable for compensation if an accident arises out of and in the course of employment, regardless of any altercation preceding the accident.
The court established that under the Workmen’s Compensation Act, the burden of proof lies with the claimants to demonstrate a causal link between employment and the death of the employee, and that th....
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