Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Compensation Motor Vehicles Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Compensation - Liability to pay compensation - Inrespect of death or bodily injury to an employee : In a motoraccident - Whether to be restricted to Workmen'sCompensation Act or would be also under Motor Vehicles Act- Held: The liability cannot be restricted under Workmen'sCompensation Act and it can be expanded under MotorVehicles Act, provided the contractual document (policy ofinsurance) incorporates such clause regarding the premiumto be paid taking into account the nature of the policy- Henceclaimant is entitled to amount of compensation over andabove Workmen's Compensation Act, subject to the rider thatthe statutory liability cannot be more than what is requiredunder the statute u/s. 95 of Motor Vehicles Act - Workmen'sCompensation Act, 1923 - Motor Vehicles Act, 1988.The question for consideration in the present appealwas, when the labourer/employee is injured during thecourse of employment due to negligence of the driver ofthe vehicle, which caused the accident, whether thecompensation could be limited to the amount admissibleunder Workmen's Compensation Act, 1923 orcompensation would also be payable under the MotorVehicles Act, 1988 |
Judge | Hon'ble Ms. Justice Gyan Sudha Misra |
Neutral Citation | 2013 INSC 509 |
Petitioner | Ram Chandra |
Respondent | Regional Manager United India Insurance Co. Ltd. |
SCR | [2013] 14 S.C.R. 1 |
Judgement Date | 2013-08-02 |
Case Number | 8725 |
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