Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Workmen's Compensation Act 1923 - s. 147 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Workmen’s Compensation Act, 1923 - s. 147 — Death of workman in the course of employment — Insurance company to indemnify the owner of the vehicle for death of a person who was employed by him in another vehicle — Liability of - Deceased employed as cleaner of one vehicle and while filling water in the radiator of another dumper, met with an accident resulting in fatal injuries - Labour court holding that the owners of the vehicle, jointly and severally liable to pay compensation along with 10% penalty and 6 % interest p.a. and insurance company not liable — High Court upheld the order - On appeal, held: Cleaner filled water in the radiator of vehicle only on the direction of the employer and thus, was working in the course of employment —- The owner produced the insurance policy which covered the vehicle involved in the accident — Both the vehicles were parked in the same space, both were insured with the insurance company and the owner was one and the same and since the deceased being the cleaner and the claimants hailing from the lowest strata of society, insurance company directed to indemnify the owner for the death of deceased ~ Statutory rate of penalty is awarded at the rate of 15% and interest is awarded at the rate of 12% p.a. — s. 4-A (3)(a) and (b) — Constitution of |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2015 INSC 128 |
Petitioner | Praveenbhai S. Khambhayata |
Respondent | United India Insurance Company Ltd. & Ors. |
SCR | [2015] 2 S.C.R. 436 |
Judgement Date | 2015-02-17 |
Case Number | 1970 |
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