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The United India Insurance Co. Ltd vs Bimal Bhumiz @ Milan Bhumiz & 2 Ors on 10 November, 2018
cites
Section 2 in The Employee's Compensation Act, 1923 [Entire Act]
The Code of Civil Procedure, 1908
Section 14 in The Limitation Act, 1963 [Entire Act]
Mallikarjuna G. Hiremath vs Branch Mgr.,Oriental Insurance ... on 12 February, 2009
13. The learned counsel for the appellant has relied on the case of
Malikarjuna G. Hiremath Vs. Branch Manager, The Oriental Insurance
Co. Ltd. and another, (2009) 13 SCC 405, wherein the Hon'ble
Supreme Court held that there must be some casual connection
between the death of the workman and his employment. In the
opinion of this Court , the accident which had lead to death of the
workman must be proved to be an accident which had taken place in
course of the employment and out of employment. In the absence of
the reference of the insured truck in question in the Final Report
(Exhibit.1), the findings recorded by the learned Commissioner on
issue No.2 cannot be upheld and the said finding is set aside.
Resultantly, the decision of the learned Commissioner on issues No.1
& 3 is also not sustainable.
Section 3 in The Employee's Compensation Act, 1923 [Entire Act]
Section 30 in The Employee's Compensation Act, 1923 [Entire Act]
Golla Rajanna Etc. Etc vs The Divisional Manager And Anr Etc Etc on 23 November, 2016
In the case of Golla Rajanna Vs. Divisional Manager, 2017 (1)
SCC 45, the Hon'ble Supreme Court of India had held that the
Commissioner, Workmen's Compensation is the last authority on
facts. In that view of the matter, this Court, sitting in appeal, has no
jurisdiction to accept any documents which were not filed in evidence
before the Commissioner for the purpose of deciding an issue in this
appeal.
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