Employees Compensation Act Case Laws - 2011

If the insured vehicle is not involved in accident, insurance company can't be held liable for compensation.
Mamtaj Bi Bapusab Nadaf vs. United India Insurance Co. & Ors. LLN (2) 2011 P. 19 (SC)

Taking auto on per day rent from the owner will not constitute employer-employee relationship for the purpose of compensation under E.C. Act.
Oriental Insurance Co. Ltd. rep. by its Senior Divisional Manager vs. T. Saramma and Others. 2011 LLR 75 (A.P. HC)

Driver - son of a tractor owned by his father can't be termed as employee under Employees Compensation Act for the purpose of Compensation award.
Oriental Insurance Company vs. Santosh Devi & Anr. 2011 LLR 55 (HP HC)

In a claim for compensation, the amount paid under the Group Insurance Accident Policy will be deducted from the amount of compensation awarded by the Compensation Commissioner.

Ubel Company vs. Jaswinder Kaur and Others. 2011 LLR 72 (P. & H. HC)

No relief to the deceased dependents under EC Act when claim was filed after considerable long delay.
United India Insurance Company Ltd. vs. Kadar Harun Changda and Others. 2011 LLR 187 (Guj. HC)

Compensation rightly awarded when the employee died sitting in the vehicle cabin which he used to drive. Such death will be deemed out of and in the course of employment.
M/s. National Insurance Co. Ltd. vs. Zaheeda Banu & Ors. 2011 LLR 178 (Karn. HC)

The insurer has been rightly held liable to pay the compensation to the legal heirs of the deceased workman who died while cutting the trees in an estate insured with the insurer.
The United India Insurance Co. Ltd. vs. Manjunath & Ors. 2011 LLR 180 (Karn. HC)

It would be wrong for the Commissioner to dismiss the compensation claim merely on the ground of the medical report that the deceased driver was alcohlic and there was no evidence that death caused due to alcoholism and smoke.
Smt. Jayalakshmi M. Shetty and Others vs. Ramesh and Another. 2011 LLR 310 (Karn. HC)

Awarding compensation on less salary than the amount admittedly evident on record would be wrong.
(Smt.) Vithabai Bhavsaheb Khairnar and Others vs. Subhash Kanhaiyalal Bafna, Dhule and Another. 2011 LLR 385 (Bom. HC)

If the employee was unable to perform the duties which he was doing before the accident, will amount to loss of 100% earning capacity even though the physical disability is 20-25%. Compensation on the basis of 100% loss is appropriate.
National Insurance Company Ltd. vs. Hari Om and Anr. 2011 LLR 428 (Del. HC)

Workman injured in an accident caused by his own negligence cannot claim compensation.
Louis Martis vs. Louis Korrea & Anr. LLJ (1) 2011 P. 342 (Karn. HC)

Loosing right arm in accident is itself a proof of loss in earining capacity, commissioner under W.C. Act should have decided the claim on the basis of submission only.
Narayan Bansilal Vaishnav, Buldhana vs. Champatrao Tryambakrao Deshmukh, (dead through L.Rs.). 2011 LLR 524 (Bom. HC)

Employee is not entitled for grant of medical expenses for the injury caused during employment under EC Act.
New India Assurance Co. Ltd. vs. Viram Vela Rabari and Another. 2011 LLR 484 (Guj. HC)

100% disability for compensation will be presumed when driver of the vehicle has lost his right eye since he will not be able to perform the duties of a driver.
Oriental Insurance Co. Ltd. vs. Shri Diwan Singh and Another. 2011 (129) FLR 78 (Uttarakhand HC)

Being EC Act as social welfare legislation, benefit of doubt about death in course of employment should be allowed and compensation be given.

New India Assurance Co. Ltd., Bangalore vs. Naseem Banu and Others. 2011 LLR 588 (Kar. HC)

Loss of vision in one eye of driver would be treated as permanent total disablement with 100% earning capacity loss.
New India Assurance Co. Ltd. vs. Santhosh. 2011 LLR 748 (Kerala HC)

Sub-Divisional officers are not entitled to act and function as commissioner under Employees Compensation Act as amended from 2010.

National Insurance Co. Ltd. vs. Bhim Singh &Ors. 2011-II CLR 129 (Del. HC)

Diabetes Mellitus is not a diseases in the list of occupational diseases as mentioned in the Schedule to the Employees Compensation Act hence a claim by a workman cannot be allowed by the Commissioner under the Act.

Shipping Corporation of India Ltd. vs. Ratanji Somabhai Tandel. 2011 (129) FLR 926 (Bom. HC)

Insurer of the vehicle has to indemnify the employer with compensation and interest which was paid in an accident caused to the driver while in the employment who was rendered unfit to drive the vehicle.

M/s. National Insurance Co. Ltd. vs. Lakhindra Das and Another. 2011 (129) FLR 845 (Gauhati HC)

Assessment of loss of earning capacity upto 10% without any basis cannot be relied upon.
Oriental Insurance Co. Ltd., Bangalore vs. Shivanna @ Shivananjegowda and Another. 2011(129) FLR 821 ( Karnataka HC)

No compensation to deceased family when the death of the operator occured by falling down from the third floor of the administartive building away from the factory. Such death is not accident under EC Act.

Smt. M. Suvarna W/o Late S. Narayanaswamy & Ors. vs. The Factory Manager, Motor Industries Co. Ltd., Adugodi & Anr. 2011 LLR 804 (Kar. HC)

Employer - owner of the autoriksha will be liable to pay compensation to the dependents of the deceased driver when he knew that driver was not holding a valid driving licence. Insurance company is not liable to pay any compensation in such case.
Faimada Begum vs. Akram Pasha & Anr. 2011 LLR 872 (AP HC)

The law is settled on this aspect that the statutory liability under the Employees Compensation Act is on the employer and unless a separate clause is included for the lability of interest, the Insurance Company
is not liable to make payment of interest especially in case where the accident is not related to a motor vehicle accident.
New India Assurance Co. Ltd. vs. Hiralal Gomaji Moriya (Regar) and Others. 2011 (130) FLR 43 (Guj. HC)

In reply to plea of the Insurance Company that notice under Section 10 of the Employees Compensation Act, 1923
was not given, the High Court pointed out Clause (a) of the fourth proviso to Section 10(1) of the Act applied in the case of death of workman occurred in accident while he was working in the premises, and under the control of employer.
New India Assurance Co. Ltd. vs. Smt. Vimla Devi and Others. 2011 (III) LLJ 209 (All. HC)

In an ex-parte proceedings, no evidence of doctor is necessary when commissioner was satisfied with the medical certificate about extent of loss of earning capacity.
Sashin and Company vs. Rupa Uka Sakaria (Deceased) by Heir and Another. 2011 LLR 912 (Guj. HC)

Insurance company will not be liable to pay compensation when the driver died while replacing the electric fuse wire in transformer, not permissible under the electricity rules.
United India Insurance Co. Ltd., Hyderabad vs. Elkachenu kistamma and Ors. 2011 LLR 931(AP HC)

For the purpose of determining compensation, minimum wages is to be taken in to consideration where the employee was paid even less than minimum wages.
Shankar vs. The Chief Engineer, KPTCL, Gulbarga and Others. 2011 LLR 934 (Karn. HC)

Insurance company is not liable to pay compensation for accident while working at crusher, because tractor and trailer were insured by the company and not the crusher.

Branch Manager, National Insurance Co. Ltd., Mandya vs. Ramalingegowda and Another. 2011 LLR 939 (Karn. HC)

Insurance company liable to pay compensation to deceased dependents. Can't escape from liability for want of exact number of workers working at accident place.
Oriental Insurance Company vs. Narpartu and Ors. 2011 LLR 987 (HP HC)

Exhorbitant compensation in case of non scheduled injury without appreciating evidence correctly and genuinely by EC commissioner is liable to be quashed.
The New India Assurance Company Ltd. by its Dn. Mang. vs. K. Somashekhar & Anr. 2011 LLR 1043 (Karn. HC)

Death due to heart attack while driving vehicle would amount to accident under EC Act and compensation rightly awarded.
National Insurance Co. Ltd. vs. Sheeja. 2011 LLR 1071 (Kerala HC)

Death of trailer driver due to heart attack out of stress and strain of employment would amount to accident arising out of and in the course of employment. Dependents entitled for compensation.

Commissioner should not reject the claim on mere technical grounds.
Bangaru Koteswaramma & Ors. vs. G. Srinivasa Rao & Anr. 2011 LLR 1105 (AP HC)

For filing an appeal against the order of Employees' Compensation Commissioner, the awarded amount besides the interest to be deposited as a condition precedent.
New India Assurance Company Limited vs. Biju. 2011 (130) FLR 596 (Kerala HC)

For getting compensation under the E.C. Act the claimant has to establish (1) Personal
injury, (2) Accident and (3) That it arose out of and in the course of employment.
Pratap vs. Panipat Co-op. Sugar Mills Ltd. & Anr. FLR (130) 2011 P. 476 (P&H HC)

Where there is no medical evidence that the death of the driver was due to his consuming alcohol, claim for compensation cannot be denied.
Jayalakshmi M. Shetty & Ors. vs. Ramesh & Anr. LLJ (III) 2011 P. 108 (Karn. HC)

Workman has to choose one remedy for his compensation - either to file petition under EC Act or a civil suit for recovery of damages. He can't have both the options.
Jairam s/o Hindusingh Balai vs. Jaswant Singh alias Fakirchand s/o Sukharam and Ors. 2011 LLR 1050 (MP HC)

Death due to quarrel with co-worker while on duty will amount to accident arising out of and in the course of employment.
Union of India Through General Manager, Northern Railway and Another vs. Ifzal Hussain and Another. 2011 LLR 200 (All. HC)

Death can’t be said to be occured during the course of employment as employment injury when the driver died as a result of altercation and fist fight with another auto driver when vehicles of both dashed with each other.
New India Assurance Company Limited, rep. by its Divisional Manager vs. Noorjahan Begum and 8 Others. 2011 LLR 1221 (AP HC)

A Fireman of U.P. Government fire department will not be covered under the Workmen's Compensation Act hence the commissioner has erred in allowing the claim for accident compensation.
State of U.P. and Others vs. Deputy Labour Commissioner (Prescribed Authority), Azamgarh and Another. 2011 (130)FLR 881 (All. HC)

When husband is the driver and his wife is the owner of the autorikshaw, there would be no master-servant relationship for the purpose of getting claim under E.C. Act.
Prapulla Chandra Satyanarayana vs. Prapulla Chandra Appalakonda and Another. 2011 LLR 1245 (AP HC)
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