Court : Andhra Pradesh
Reported in : III(2005)ACC636; 2006ACJ1668; 2005(5)ALD185; 2005(4)ALT401; [2005(106)FLR857]
..... of the matter, necessarily it is has to be construed as 'arising out of and in the course of employment', within the meaning of section 3 of the workmen's compensation act, 1923. the judgments relied on by the learned counsel for the applicants also support their case. further, in this case, though there is oral and documentary evidence ..... counter affidavit. it was the case of the o.p. no. 2 that there was no employee and employer relationship between the deceased and o.p. no. 1; as such, they are not liable for payment of compensation. further, pleading that the compensation claimed was excessive and exorbitant, sought for dismissal of the claim petition.6. having regard to ..... is a case where the workman while proceeding to his work place, went to the office the employee's union and died due to electric shock while he was removing flag post; as such, the learned single judge held that by his own act, he invited peril, he faced, and, there was no casual connection between the accident and .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : I(2005)ACC214; 2005ACJ748; 2004(5)ALD785; 2004(6)ALT234
..... l. narasimha reddy, j.1. this appeal is filed under section 30(1) of the workmen's compensation act, 1923 (for short 'the act'), against the order, dated 28.01.2003, passed by the commissioner for workmen's compensation and assistant commissioner of labour, circle-i, visakhapatnam (for short 'the commissioner'), in w.c. case no. 4 of 2002. ..... marked. on consideration of the oral and documentary evidence and on application of the provisions of the act, the commissioner awarded a sum of rs.2,85,960/-, as compensation, on account of death of the deceased employee and apportioned the same among respondents 1 to 4.4. sri p. nageswar sree, learned counsel ..... accident has occurred within the premises of the factory or place of employment, section 3 gets attracted without any doubt. the further question as to whether the employee was, in fact, discharging the duties after entering the premises, or whether he reported to his immediate superior or supervisor, becomes insignificant or irrelevant. 9. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(3)ALD715; 2007(4)ALT643; [2007(114)FLR663]
..... .1. this appeal is presented, under section 30 of the workmen's compensation act, 1923 (for short 'the act'), by the insurer of a vehicle bearing no. ap 10t 3519, owned by the second respondent herein.2. the first respondent filed w.c. no. 64 of 1999 before the learned commissioner for workmen's compensation and assistant commissioner of labour-iv, hyderabad (for short 'the commissioner ..... the first respondent were disputed. the relationship of employee and employer between the first and second respondents was denied and the roadworthiness of the vehicle and the subsistence of driving licence were disputed.4. through an order, dated 25-5-2001, the commissioner awarded a sum of rs. 2,03,328/- as compensation under the act. hence, this appeal.5. sri n.v .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(1)ALD110; 2005(6)ALT635
..... alleging that the workman sustained grievous injuries, a claim petition under section 22 of the workmen's compensation act, 1923 (for short 'the act') was filed before the commissioner for workmen's compensation and assistant commissioner of labour-1, guntur (for short 'the commissioner'), claiming a compensation of rs. 2,00,000/-.4. the owner of the lorry remained ex parte and the ..... .w.1; doctor as a.w.2 and; the documents exs.a-1 to a-7 marked on behalf of the workman, granted a compensation of rs. 47,000/-. the insurance company did not lead any evidence either oral or documentary before the commissioner.6. not being satisfied with the ..... the act being a beneficial legislation, has to be construed in favour of the workman. he further contended that the learned single judge not properly appreciating the above aspects and the evidence on record, dismissed the appeal and, therefore, the order of the learned single judge warrants review. he further sought for enhancement of the compensation .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(2)ALD762; [2007(113)FLR745]
..... employment with the first respondent as driver of the lorry belonging to the first respondent made a claim under section 4 of the workmen's compensation act, 1923 (the act), before the commissioner for workmen's compensation seeking compensation of rs. 2,50,000/- and examined himself and a doctor on his behalf and marked exs.a.l to a.4. no ..... at the relevant point of time, because the definition of the words 'partial disablement' and 'total disablement' in section 2 of the act indicate that it is the incapacity suffered by the employee to do 'all work which was capable of performing', and not a specific work that he was engaged in at the time of the ..... , that will have to be taken into consideration, and so the consideration cannot be confined to the employment in which the employee was placed, when he received the injury, and the fact that the employee is capable of doing any other work perfectly notwithstanding the disability to continue in the same employment in which he was engaged .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : II(2005)ACC873; 2006ACJ1526; 2005(3)ALT33
..... crushed. he stated that the first respondent admitted him in local private hospital and that his hand was amputated. he claimed compensation under the provisions of the workmen's compensation act, 1923 (hereinafter referred to as 'the act').2. the respondents resisted the claim alleging that the appellant was not employed by them, and that they are not liable ..... in the saw-mill, during the course of employment. the respondents, who are the owners of the saw-mill pleaded that the appellant was not their employee. the claim was rejected by the commissioner on the ground that he was not employed with the respondents.6. to prove his case, the appellant examined ..... that the appellant was employed with the respondents. the commissioner insisted on proof 'beyond reasonable doubt', as to the existence of relationship of employer and employee. proof of such a degree is required in criminal cases and not in those under social or beneficial legislations. his approach does not accord with the scheme .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : II(2007)ACC174; 2007ACJ2481; 2006(5)ALD801; 2006(3)ALT403
..... commissioner') in w.c.no. 182 of 2004.2. respondents 1 to 3 herein filed the claim before the commissioner under the provisions of the workmen's compensation act, 1923 (for short 'the act'), claiming compensation of rs. 5,00,000/-. they pleaded that one late mehatab khan, who is husband of the 1st respondent, father of the 2nd respondent and ..... instances, where the courts have taken the view that if the victim of an accident or his dependants serve a notice under section 10 of the act, the liability to pay the compensation would arise and any default would entail in payment of in terestalso. much would, however, depend upon the nature of notice and the absence of ..... any controversy, as to the quantum of compensation. for example, where the occurrence of accident is not in dispute, the notice under section 10 of the act is served, and the amount can be ascertained without having recourse to any adjudication, the amount can be said .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : III(2005)ACC426; 2007ACJ198; 2005(3)ALD509; 2005(3)ALT666; [2005(106)FLR675]
..... for the appellant vehemently contends that the injury suffered by the injured does not find place, either in part i or part ii of schedule 1 of the workmen's compensation act, 1923, in order to estimate the percentage of loss of earning capacity at 100%. therefore, he contends that the estimation of disability should be at 60% as ..... j. 1. this appeal is filed against the order-dated 22-6-2004 in w.c. no. 158 of 2003, on the file of commissioner for workmen's compensation and assistant commissioner of labour-iii, at hyderabad.2. the only question that arises for consideration in this appeal is whether the evidence of the doctor to the effect ..... disability expressed by the doctor is only physical but not professional vis-a-vis the earning capacity. as already noticed, the disability though not a scheduled injury under the act, is an injury and the disability estimated at 100%, insofar as the earning capacity is concerned.10. if really, the contention of the learned counsel appearing for the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1997(4)ALD145; 1997(4)ALT753
..... sustained by the worker herein are not covered by schedule i of the workmen's compensation act, 1923. under section 4(1)(c)(ii) of the act the amount of compensation shall be, in the case of an injury not specified in schedule such percentage of tire compensation payable in the case of permanent total disablement as is proportionate to the ..... loss of earning capacity (as assessed by the qualified medical practitioner) permanently caused by the injury. so the assessment of the doctor has been given a finality by virtue of section 4(1)(c)(ii) of the act and that ..... awarded by the court below. 10. the learned counsel for the appellant claimant strenuously contended that the court below is in error in directing to deposit the compensation amount in any scheduled bank. the further direction not to permit the claimant to raise loan on the said fixed deposit and the fixed deposit is not transferable .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : II(1998)ACC732; 1999ACJ1077; 1998(5)ALD600; 1998(5)ALT271
..... or bodily injury to, any such employee:(a) engaged in driving the vehicle, or(b) if it is a public service vehicle engaged as a conductor of the vehicle ..... out of and in the course of his employment, of the employee of a person insured by the policy in respect of bodily injury sustained by such an employee arising out of and in the course of his employment other than a liability arising under the workmen's compensation act, 1923 (8 of 1923), in respect of the death of, ..... the legal representatives of the deceased occupants in the trailor laid a claim before the motor accidents claims tribunal undersection 140 of the motor vehicles act, 1988 (hereinafter called the act') claiming compensation against the owner and the insurance company under 'no fault liability'.4. the 1 st respondent-owner denied that the accident took place due to .....
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