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Employees' Compensation Act, 1923

35 judgments · newest first · showing 1–35

UP ZILLADHIKARI EGS AURANGABAD AND ANRversusPRITI CHANDRAKANT SOTRE AND ORS

DISPOSED OFF

The petitioners sought condonation of a 579‑day delay in filing an appeal under Section 30 of the Employees' Compensation Act, 1923, challenging a Labour Court award dated 12‑06‑2023. The appeal was physically filed on 13‑03‑2025, but the mandatory statutory deposit of the compensation amount was …

UP ZILLADHIKARI EGS AURANGABAD AND ANRversusPRITI CHANDRAKANT SOTRE AND ORS

DISPOSED OFF

The petitioners sought condonation of a 579‑day delay in filing an appeal under Section 30 of the Employees' Compensation Act, 1923, challenging a Labour Court judgment dated 12‑June‑2023. After the judgment, the Government Pleader prepared proposals and obtained approval to file the appeal, which …

UP ZILLADHIKARI EGS AURANGABAD AND ANRversusPRITI CHANDRAKANT SOTRE AND ORS

DISPOSED OFF

The petitioners sought condonation of a 579‑day delay in filing an appeal under Section 30 of the Employees' Compensation Act, 1923, challenging a Labour Court award dated 12‑06‑2023. The appeal was physically filed on 13‑03‑2025, but the mandatory statutory deposit required by the proviso to …

UP ZILLADHIKARI EGS AURANGABAD AND ANRversusPRITI CHANDRAKANT SOTRE AND ORS

DISPOSED OFF

The petition sought condonation of a 579‑day delay in filing an appeal under Section 30 of the Employees' Compensation Act, 1923 against a Labour Court judgment dated 12 June 2023. The appeal was physically filed on 13 March 2025, but the mandatory statutory deposit required by the proviso to …

BABITA UMAKANT NARWADE AND OTHERSversusSANJAY SOPAN MARDE AND ANOTHER

Admitted/Allowed/Granted/Rule Absolute

The deceased driver Umakant Narwade died after a road accident that occurred while he was employed as a driver for the respondent employer. His widow, children and mother filed a compensation claim under the Employees Compensation Act, 1923, which was dismissed by the Compensation Commissioner on …

THE EXECUTIVE ENGINEER M.S.E.D.C LTD.versusSHRI. HARIDAS SANGRAM GAVHANE

Dismissed

The appellant, Executive Engineer MSEDCL Ltd., appealed against a compensation award of Rs. 8,61,120 with 12% interest made by the Commissioner for Workmen Compensation and the Labour Court. The appellant argued that the deceased employee's monthly salary was Rs. 6,000, not Rs. 8,000 as recorded, …

SHRI ARUN GULAB CHAVANversusUNIVERSAL SOMPO GENERAL INSURANCE CO.LTD. AND ORS

Disposed Off

The applicant, Shri Arun Gulab Chavhan, suffered a workplace accident in July 2020 and was awarded compensation of Rs. 16,32,330 and medical expenses of Rs. 9,80,716 by the 5th Labour Court under the Employees' Compensation Act, 1923. The insurer, Universal Sompo General Insurance Co. Ltd., …

THE ORIENTAL INSURANCE CO. LTD.versusSMT. USHA DEVI AND OTHERS

The Oriental Insurance Co. appealed a compensation award of Rs.3,49,923 granted by the Employees' Compensation Commissioner to the widow of a deceased bus driver, alleging misappreciation of evidence and procedural errors. The appellant raised seven substantive questions, including the existence of …

NEW INDIA ASSURANCE CO. LTD.versusBHAYALUBHA BHARATSINH

39-RULE DISCHARGED/DISMISSED @ FH

The appellant New India Assurance Co. Ltd. filed a first appeal against a compensation order awarded to the claimants Bhayalubha Bharatsinh & Ors. The court noted that the amount in dispute was less than Rs.5,00,000, which is considered a small claim. Considering the modest quantum and the …

MAVJIBHAI KANJIBHAI JUNGIversusLATE SHAMJIBHAI GOVINDBHAI BAROYA SINCE DIED THROUGH LH

39-RULE DISCHARGED/DISMISSED @ FH

The appellant, owner of the fishing boat "Devprayag," appealed against the Workman Commissioner’s order granting Rs.7,58,240 compensation to the heirs of the deceased sailor, Shamjibhai Govindbhai Baroya. The appellant argued that no employer‑employee relationship existed and that the Commissioner …

THE NEW INDIA ASSURANCE CO. LTD.versusSMT. KRISHNA DEVI AND OTHERS

The New India Assurance Co. appealed a compensation award of Rs.3,62,740 granted by the Workmen's Compensation Commissioner under the Employees Compensation Act, 1923, for the death of a 42‑year‑old employee. The appellant contended that the Commissioner incorrectly used an age factor of 181.37 …

SHANKAR VIJAY SAW MILLversusHEIRS OF DECD. KANUBHAI FATABHAI SODHA PARMAR

39-RULE DISCHARGED/DISMISSED @ FH

The case involves the death of Kanubhai Fataji, an employee of Sankar Vijay Saw Mill, who suffered fatal injuries when a belt broke while he was pulling a cart. The Commissioner for Workmen Compensation, Labour Court, Nadiad, awarded compensation of Rs.1,08,445 with interest and penalty under the …

NATIONAL INSURANCE COMPANY LTDversusSANKAR VIJAY SAW MILL

39-RULE DISCHARGED/DISMISSED @ FH

The case involves the death of Kanubhai Fataji, an employee of Sankar Vijay Saw Mill, who suffered fatal injuries when a belt broke while he was pulling a cart. The Commissioner for Workmen Compensation, Labour Court, Nadiad, awarded compensation of Rs.1,08,445 with interest and penalty under the …

THE NEW INDIA ASSURANCE CO. LTD.versusSMT. DHOBUNI SANTOSH NAYAK AND ORS.

Disposed Off

The New India Assurance Co. appealed against an order of the Commissioner who had awarded interest against the insurer contrary to the policy terms and had held that a sub‑contractor employee was entitled to compensation under the Employees Compensation Act, 1923. The appellant sought to stay the …

THE NEW INDIA ASSURANCE CO. LTD.versusSMT. DHOBUNI SANTOSH NAYAK AND ORS.

Disposed Off

The New India Assurance Co. appealed against an order of the Commissioner who had awarded interest against the insurer contrary to the policy terms and had held that a sub‑contractor employee was entitled to compensation under the Employees Compensation Act, 1923. The appellant sought to stay the …

DAIVSHALA & ORS.versusORIENTAL INSURANCE COMPANY LTD. & ANR

2025 INSC 904Appeal(s) allowed

Shahu Sampatrao Jadhavar, a night watchman, died in a road accident on 22 April 2003 while commuting 5 km to his sugar factory workplace. His family claimed compensation under the Employees' Compensation Act, 1923, but the employer and insurer argued the accident did not arise out of or in the …

KAMAL DEV PRASADversusMAHESH FORGE

2025 INSC 591Appeal(s) allowed

The appellant, a forging machine operator, lost multiple phalanges of four fingers of his right hand in an accident at work. The Commissioner under the Employees' Compensation Act, 1923 initially assessed a 100% disability and awarded compensation based on a factor of 213.57. On appeal, the High …

FULMATI DHRAMDEV YADAV & ANR.versusNEW INDIA ASSURANCE CO. LTD. & ANR.

2023 INSC 790Appeal(s) allowed

The deceased Ramakant Yadav, a driver, died while tying logs on a trailer, and his mother and wife claimed compensation under the Employees Compensation Act, 1923. The Commissioner awarded a lump‑sum compensation of ₹3,94,120 and a penalty of ₹1,97,060 against the insurer, but the High Court set …

SHANTABAI ANANDA JAGTAP & ANR.versusJAYRAM GANPATI JAGTAP & ANR.

2023 INSC 592Dismissed

The legal heirs of Machindra Ananda Jagtap, who died in a road accident while driving a jeep owned by Jayram Ganpati Jagtap, filed a claim for compensation under the Employees Compensation Act, 1923 in 2004, more than nine years after the accident. The Commissioner rejected the claim on grounds of …

CHANDRAMMAversusMANAGER, REGIONAL OFFICE, NCC LIMITED AND ANR.

2022 INSC 1265Appeal(s) allowed

The appellant, a skilled labourer, suffered spinal and multiple fractures when a centering plate collapsed during construction work, rendering her unable to lift heavy weights. She claimed compensation under the Employees' Compensation Act, 1923, seeking Rs.20 lakh, but the Commissioner assessed her …

DAYA KISHAN JOSHI & ANR.versusDYNEMECH SYSTEMS PVT. LTD.

2017 INSC 726Disposed off

The appellant, father of a deceased employee, claimed compensation under the Employees' Compensation Act, 1923 after the employee died in a road accident while returning from a field assignment. The Commissioner and the High Court dismissed the claim, holding the accident was not "arising out of and …

JAYA BISWAL & ORS.versusBRANCH MANAGER, IFFCO TOKIO GENERAL INSURANCE

2016 INSC 137Appeal(s) allowed

The appellant family filed a claim for compensation after their 26‑year‑old son, a truck driver, died in an accident that occurred while he was attempting to stop an unmanned vehicle during the course of his employment. The Employees' Compensation Commissioner awarded Rs 10,75,253 with interest, but …