Case Note & Summary
The appellant, New India Assurance Company Limited, filed an appeal under Section 30(1) of the Employees Compensation Act, 1923 against the judgment and award dated 06.04.2017 passed by the Additional Senior Civil Judge and JMFC cum Commissioner for Workmen's Compensation, Hosapete, in E.C.A.No.59 of 2014. The Commissioner had awarded compensation of Rs.6,45,400/- with interest at 12% per annum from the date of petition till deposit to the respondents No.1 to 5, who are the legal representatives of the deceased Rama Rao Naik. The deceased was a workman employed by respondent No.6 (M. Shiva Reddy) and respondent No.7 (Partner of M/s Unico Constructions, Engineers & Contractors) and died in an accident arising out of and in the course of his employment. The appellant-insurer contended that there was no employer-employee relationship between the deceased and respondents No.6 and 7, and that the deceased was an employee of respondent No.8 (Jindal Vijayanagara Steels Limited). The Commissioner, after considering the evidence, held that the deceased was an employee of respondents No.6 and 7 and that the accident occurred during the course of employment. The High Court, on appeal, examined the evidence and found that the Commissioner's findings were based on proper appreciation of evidence and were not perverse. The Court held that the burden to prove that there was no employer-employee relationship was on the insurer, which it failed to discharge. The appeal was dismissed, and the award of the Commissioner was confirmed.
Headnote
A) Workmen's Compensation - Employer-Employee Relationship - Burden of Proof - The Commissioner held that the deceased was an employee of respondent No.6 and 7 based on evidence, and the insurer failed to prove otherwise. The High Court affirmed that the burden to show absence of employer-employee relationship lies on the insurer. (Paras 5-10) B) Workmen's Compensation - Appeal under Section 30(1) - Scope - The appeal under Section 30(1) of the Employees Compensation Act, 1923 is limited to substantial questions of law. The High Court found no perversity in the findings of fact recorded by the Commissioner. (Paras 3-4) C) Workmen's Compensation - Interest - The Commissioner awarded interest at 12% per annum from the date of petition till deposit. The High Court upheld the award of interest. (Para 11)
Issue of Consideration
Whether the Commissioner for Workmen's Compensation was justified in holding that the deceased was an employee of respondent No.6 and 7 and that the appellant-insurer is liable to pay compensation.
Final Decision
The appeal is dismissed. The judgment and award dated 06.04.2017 passed in E.C.A.No.59 of 2014 by the Additional Senior Civil Judge and JMFC cum Commissioner for Workmen's Compensation, Hosapete, is confirmed.
Law Points
- Employer-employee relationship
- burden of proof
- Workmen's Compensation Act
- 1923
- Section 30(1)
- appeal against award
- interest on compensation
