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National Insurance Co. Ltd. vs M/S. Ben & Thammy Catering Sercices Pvt. ... on 7 September, 2015
cites
Jyothi Ademma vs Plant Engineer, Nellore & Anr on 11 July, 2006
In Jyothi Ademma (Supra) "the workman died of heart attack at workplace".
The Fatal Accidents Act, 1855
State Of Maharashtra vs Arti Wd/O Ashok Kapshikar And Ors. on 21 June, 2007
"(i) Public Works Department through its Chief Engineer Vs. Smt. Kausa,
AIR 1966 Madhya Pradesh 297;
(ii) State of Maharashtra Vs. Arti,
2008 ACJ 1406;
(iii)) Rita Devi (Smt) and others Vs. New India Assurance Company Ltd. and another,
(2000) 5 Supreme Court Cases 113;
(iv) Oriental Insurance Company Ltd. Vs. Phulo Devi and others,
185 (2011) Delhi Law Times 1;
(v) Param Pal Singh through Father Vs. National Insurance Company Ltd. and another,
(2013) 3 Supreme Court Cases 409 and
(vi) Maya Devi Vs. Life Insurance Corpn. of India,
III(2008) CPJ 120 (NC)"
11. The State Commission while allowing the appeal of respondent, held;
Smt.Rita Devi & Ors vs New India Assurance Co.Ltd. & Anr on 27 April, 2000
"(i) Public Works Department through its Chief Engineer Vs. Smt. Kausa,
AIR 1966 Madhya Pradesh 297;
(ii) State of Maharashtra Vs. Arti,
2008 ACJ 1406;
(iii)) Rita Devi (Smt) and others Vs. New India Assurance Company Ltd. and another,
(2000) 5 Supreme Court Cases 113;
(iv) Oriental Insurance Company Ltd. Vs. Phulo Devi and others,
185 (2011) Delhi Law Times 1;
(v) Param Pal Singh through Father Vs. National Insurance Company Ltd. and another,
(2013) 3 Supreme Court Cases 409 and
(vi) Maya Devi Vs. Life Insurance Corpn. of India,
III(2008) CPJ 120 (NC)"
11. The State Commission while allowing the appeal of respondent, held;
Mst.Param Pal Singh Tr.Father vs M/S National Insurance Co.& Anr on 14 December, 2012
"(i) Public Works Department through its Chief Engineer Vs. Smt. Kausa,
AIR 1966 Madhya Pradesh 297;
(ii) State of Maharashtra Vs. Arti,
2008 ACJ 1406;
(iii)) Rita Devi (Smt) and others Vs. New India Assurance Company Ltd. and another,
(2000) 5 Supreme Court Cases 113;
(iv) Oriental Insurance Company Ltd. Vs. Phulo Devi and others,
185 (2011) Delhi Law Times 1;
(v) Param Pal Singh through Father Vs. National Insurance Company Ltd. and another,
(2013) 3 Supreme Court Cases 409 and
(vi) Maya Devi Vs. Life Insurance Corpn. of India,
III(2008) CPJ 120 (NC)"
11. The State Commission while allowing the appeal of respondent, held;
Maya Devi vs Life Insurance Corpn. Of India on 21 May, 2008
"(i) Public Works Department through its Chief Engineer Vs. Smt. Kausa,
AIR 1966 Madhya Pradesh 297;
(ii) State of Maharashtra Vs. Arti,
2008 ACJ 1406;
(iii)) Rita Devi (Smt) and others Vs. New India Assurance Company Ltd. and another,
(2000) 5 Supreme Court Cases 113;
(iv) Oriental Insurance Company Ltd. Vs. Phulo Devi and others,
185 (2011) Delhi Law Times 1;
(v) Param Pal Singh through Father Vs. National Insurance Company Ltd. and another,
(2013) 3 Supreme Court Cases 409 and
(vi) Maya Devi Vs. Life Insurance Corpn. of India,
III(2008) CPJ 120 (NC)"
11. The State Commission while allowing the appeal of respondent, held;
Regional Director, E.S.I Corpn. And Anr vs Francis De Costa And Anr on 5 May, 1992
In the said decision, the Supreme Court referred to the words of Lord Denning relating to the meaning of the phrase "in the course of his employment". In view of the said decision and the facts involved in the present case it cannot be said that the death of the deceased employee was not incidental to his services. Therefore, we are of the view that the death of the deceased employee arises out of and in the course of his employment. Therefore, the Insurance Company is liable to reimburse the amount paid by the complainant to the legal heirs of the deceased employee. The District Forum without considering this aspect of the matter has passed a very cryptic order:
The Regional Director,E.S.I. ... vs Francis De Costa & Anr on 11 September, 1996
Whereas in Francis De Costa (supra) "Injury was caused by an accident while the employee was going to his place of employment at his own bicycle".