Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1923: Workmen's Compensation Act |
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.3(1) - Accident arising out of and in the course of employment - Claim for compensation - Victim-deceased employed by respondent 1 and 2 to drive truck on the relevant day from Agartala to godown - After entering the godown, he left the truck on the pretext that there was a mechanical fault in the truck and informed the helper that he would come at night - Thereafter he met with road accident and died - Suit by wife and children claiming compensation - Commissioner dismissed the suit accepting the contention of respondents that on reaching the godown the deceased ceased to be in their employment - Held: Such contention of the respondents was an after thought - It was mentioned in the First Information Report lodged by the helper that the truck reached godown and the deceased was to return back to Agartala with the truck laden with rice bags - The employment does not necessarily end when the "down tool" signal is given or when the workman leaves the actual workshop where he is working - There is a notional extension at both the entry and exit by time and space - The scope of such extension must necessarily depend on the circumstances of a given case - There was a notional extension in the instant case also - Thus, deceased met with the road accident in the course of his employment - Courts below misdirected themselves while dealing with this question and the finding rendered by them was perverse and unsustainable.s.4 - Quantum of compensation - Victim-deceased at the time of death was aged about 22 years and getting monthly wages of Rs. 4, 500/- - As per s. 4 clause 1 (a) of the Act where death results from the injury, 50% of the monthly wages of the deceased multiplied by the relevant factor would be the amount of compensation - In the instant case, the compensation would be a sum of Rs. 2250 being 50% of the monthly wages multiplied by factor 221.37, which comes to Rs. 4,98,082.50 - A further sum of Rs. 10,000/- awarded towards funeral expenses as per s.4 Clause (4) - Interest @ 9% p.a. on the compensation from the date of claim petition also awarded. |
Judge | Hon'ble Mr. Justice Chockalingam Nagappan |
Neutral Citation | 2014 INSC 431 |
Petitioner | Manju Sarkar & Ors. |
Respondent | Mabish Miah And Ors. |
SCR | [2014] 6 S.C.R. 126 |
Judgement Date | 2014-06-30 |
Case Number | 5847 |
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