Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Employee’s Compensation Act 1923 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Motor Vehicles Act, 1988 (59 of 1988) Employee’s Compensation Act, 1923 (8 of 1923) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Issue for consideration: While driving vehicle, health of the driverdeteriorated, he parked his vehicle and died. Whether such untoward mishapcan reasonably be described as an accident, attributable to the nature ofemployment.Employee’s Compensation Act, 1923 – Appellants-claimants fi ledapplication before the Commissioner seeking compensation under the1923 Act – Compensation of ` 3,26,140/- was granted – However, theview of the High Court was that there is no relationship between thedeath and the work being done by the deceased – High Court heldorder of the Commissioner unsustainable – Appellants/claimants fi ledappeal:Held: Deceased was employed as a driver on Truck, which wasowned by the respondent No. 2 – The same was fully insured – As per theterms of the Policy available on record, an additional premium was paid tocover two employees for any compensation payable under the 1923 Act –While driving the vehicle from Delhi to Baroda, the health of the deceaseddeteriorated – He parked his vehicle and died – It was noticed in the orderpassed by the Commissioner that, the employer admitted that the deceasedwas employed as a driver and he was on duty – With these facts on records,the Commissioner accepted the application and assessed the compensationat ` 3,26,140/- – In Param Pal Singh’s case, this Court accepted the appealfi led by the dependents of the deceased and found that even if the deathhad not occurred on account of any accident but the driver was consistently driving the vehicle, there is every reason to assume that long spells of drivingwas a material contributory factor, if not the sole cause that accelerated hisunexpected death at a young age – Such an untoward mishap can reasonablybe described as an accident, only attributable to the nature of employment –It squarely covers the case of the appellants – Thus, impugned order passedby the High Court set aside and order of the Commissioner restored. [Paras7, 8, 9 and 10] |
Judge | Hon'ble Mr. Justice Rajesh Bindal |
Neutral Citation | 2023 INSC 756 |
Petitioner | Smt. Dariyao Kanwar & Ors. |
Respondent | M/s United India Insurance Co. Ltd. & Anr. |
SCR | [2023] 11 S.C.R. 587 |
Judgement Date | 2023-08-23 |
Case Number | 5416 |
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