Court : Andhra Pradesh
Reported in : III(2004)ACC664; 2005ACJ2038; 2004(4)ALD44
..... court reported in kerala balagram v. kochumon, : (1998)illj744ker , it was held that even a casual labourer is to be treated as workman under the provisions of the workmen's compensation act, 1923. there is no need to narrate the facts and the principle of law laid down in these two decisions, inasmuch as the learned counsel for the appellant did not ..... the accident is caused by reason of that peril which he has to face then a casual connection is established between the accident and employment. the fact that the employee shares the peril with other members of the public is an irrelevant consideration. it is true that the peril which he faces must not be personal to him; the ..... that there is no connection between the murder and employment and the incident did not arise out of and in the course of employment it was held that the deceased employee, met with his death while he was going to his place of work and the death has arisen during the course of employment. to arrive at such a conclusion .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(2)ALD131
..... for the 2nd respondent, submits that the injuries sustained by the appellant would not fall into either part-i or part-ii of schedule-i of the workmen's compensation act, 1923, (for short 'the act') and even, the assessment of the loss of earning capacity at 50% is on higher side. she contends that only in case of amputation of limb, ..... driver, that were in force as on the date of accident was rs.2,282/-. however, he took the wages at rs.2,000/-. the wages payable to the employee are required to be not less than the minimum wages. in the instant case, the commissioner took the emoluments of the appellant less than the prescribed minimum wages. this ..... for a different percentage for such injuries. that, however, was a case decided before the act came to be amended. section 4 of the act was amended in the year 1984. explanation ii to section 4(1)(c) of the act mandates that whenever an employee had received an injury, which does not find place in the schedule, the medical practitioner, .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(4)ALD129; [2007(114)FLR1050]
..... course of employment, took place prior to 15-9-1995? the court held:2. various high courts in the country, while dealing with the claim for compensation under the workmen's compensation act have uniformly taken the view that the relevant date for determining the rights and liabilities of the parties is the date of the accident.3. a four ..... new india assurance co. ltd. v. v.k. neelakandan (ca nos. 16904-09 of 1996, decided on 6-11-1996), however, took the view that workmen's compensation act being a special legislation for the benefit of the workmen, the benefit as available on the date of adjudication should be extended to the workmen and not the ..... . the question that arose before the apex court was whether the amendment of section 4 and 4a of the workmen's compensation act, 1923 made by act 30 of 1995, with effect from 15-9-1995, enhancing the amount of compensation and rate of interest, would be attracted to cases where the claims in respect of death or permanent disablement resulting from .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(4)ALD86; 2005(4)ALT524
..... of and in the course of such employment(c) except so far as is necessary to meet the requirement of section 95 of the motor vehicles act, 1939 in relation to liability under the workmen's compensation act, 1923.(d) the company shall not be liable in respect of damage to property belonging to or held in trust by or in the custody ..... or control of the insured or a member of the insured's household or being conveyed by the motor vehicle.(e) the company shall not be liable ..... defendant through the second defendant. the policy taken by the plaintiff was issued to cover the risk of third parties who are involved in the accident due to the act of the employee of the plaintiff. the contract amounts to a contract of insurance, which is deemed to be a contract of indemnity. the policy was subject to terms and .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009ACJ652; 2008(3)ALD650; 2008(3)ALT68; [2008(117)FLR1152]; (2008)3LLJ245AP
..... be paid on that basis and this contention is resisted by the learned counsel appearing for the insurance company.8. section 2(1)(i) of the workmen's compensation act reads as follows:'total disablement' means such disablement, whether of a temporary or permanent nature, as incapacitates a workman for all work which he was capable of ..... the basis of 100% disablement, in spite of his not suffering injuries, as mentioned in schedule i of workmen's compensation act, 1923, as section 2(1)(i) of the act provides for the same, but the proviso to the above section contemplates that permanent disablement shall be deemed to result from the injuries specified in ..... court by a learned single judge, the question was answered by the division bench - in jeelani's case (6 supra). in that case the reference was ' whether the entries contained in part-i and ii of schedule-i of workmen's compensation act are relevant for assessing the loss of earning capacity for non schedule injuries, particularly in the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : II(2000)ACC425; 2000(1)ALD554; 2000(1)ALD554; 2000(2)ALT115; 2000(2)ALT115; [2000(85)FLR761]
..... with effect from 31-1-1989 as he was medically unfit for underground job. he made an application on 22-4-1990 under section 4 of the workmen's compensation act claiming compensation of rs. 1,04,101.20 ps. he was aged 50 years at the time of the accident and was drawing monthly salary of rs.1700/-.4. ..... proviso under section 2(1) of the act and contended that the definition of total disability has to be read not in isolation but with reference ..... is total attracting the provisions of section 2(1) of the act.8. on the other hand, counsel for the respondent sri james contended that the doctor issued medical certificate ex.r1 assessing the disability at 4% basing on which the commissioner for workmen's compensation rightly awarded compensation at rs.2,924/-. he has also drawn my attention to .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1962AP69; (1961)ILLJ565AP
..... , as a result of the accident, his thumb and therefore-finger and also the effective use of the middle finger, applied for payment of compensation under the first schedule to workmen's compensation act, here in after referred to as the act, on 16-7-1957, before the additional commissioner,andhra pradesh, for a sum of rs. 1960/-, who awarded a ..... and the employer is such that the employer is invariably in a position of authority and controls the situation and could dictate terms the employee being the person looking to the employer for compensation. thus the employeeis likely to yield to the influence of the employer. it is for this reason that any arrangment which has the ..... the appellant. (4) the second point raised by mr. deshmukh is that there was a compromise between the employer and the employee and that this compromise should have been registered under section 27 of the act, and in the absence of any such registration the claim could not have been considered. at the outset, it is clear .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004ACJ2031; 2003(3)ALD753
..... he fell down from the lorry and met with the accident which resulted in his death. the respondent filed the application under section 3 of the workmen's compensation act, claiming compensation for the loss of life of her husband, contending that he met with the accident during the course of employment. the appellant contended inter alia that ..... a road accident may happen anywhere at any time. but such accident cannot be said to have arisen out of employment, unless it can be shown that the employee was doing something incidental to his employment. in our judgment, by using the words 'arising out of..... his employment', the legislature gave a restrictive meaning to '' ..... caused by reason of that perii which he has to face, then a casual connection is established between the accident and the employment. the fact that the employee shares that peril with other members of the public is an irrelevant consideration. the peril which he faces must not be something personal to him; the peril .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : II(2004)ACC191; 2004(1)ALD390
..... case, the 1st respondent failed to establish that the death of her husband is unnatural death. therefore, she is not entitled to claim any compensation under the provisions of workmen's compensation act. i, therefore, feel satisfied that the impugned award passed by the commissioner is liable to be set aside.7. in the result, the ..... conditions and therefore the legal representatives of such a person are entitled to claim compensation. if the death of the workman is natural death, his legal representatives are not entitled to claim any compensation under the provisions of workmen's compensation act.6. in the present case the 1st respondent examined private medical practitioner as a ..... in nellore thermal station. on 24-9-1994 he died at his work spot. the 1st respondent filed an application before the commissioner for workmen's compensation seeking a compensation of rs. 1,00,000/-. the application was contested by the appellants, inter alia, taking the plea that the death of deceased is natural .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(1)ALD435
..... held that the disablement in the present case was total in view of the definition of total disablement in clause (1) of subsection (1) of section 2 of the workmen's compensation act.'10. in another judgment of this court in cma 144 of 1994, a learned single judge of this court has also taken the same view in a similar set of ..... rice mills case (supra), another learned single judge of this court while dealing with section 2(1)(g) and (i) of workmen's compensation act held that the workman has lost his earning capacity and thus he isentitled for 100% compensation. in that case, the workman is a helper in a rice mill and his left hand was amputated due to the accident during ..... (supra) the hon'ble supreme court while dealing with the provisions of section 2(1)(i) and (g) of the workmen's compensation act held that the applicant's disability is total and not partial. in that case a carpenter was injured during the course of employment and because of the accident, his left hand was amputated and .....
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