Workmen's Compensation Act, 1923

Yadava Kumar, a 30‑year‑old painter, suffered fractures of both forearms in a road accident and was assessed with 33% disability of the right upper limb, 21% of the left and 20% total disability. The Motor Vehicles Tribunal awarded Rs.52,000 as compensation, which the Karnataka High Court enhanced to Rs.72,000 but refu…

The Supreme Court examined whether race clubs such as the Bangalore Turf Club and the Royal Western India Turf Club, as well as a chit fund, fall within the definition of "shop" under the Employees' State Insurance Act, 1948 (ESI Act) and the related notifications. The Court held that a race club is an "establishment" …

The Oriental Insurance Company appealed against the Commissioner for Workmen's Compensation’s order directing it to pay simple interest at 12% per annum from the date of the accident (12 July 2006) on a compensation claim. The issue before the Supreme Court was when compensation under the Workmen's Compensation Act, 19…

The respondent, a 38‑year‑old carpenter with six dependents, was permanently disabled after being hit by a bus owned by the Andhra Pradesh State Road Transport Corporation on 26 January 1995. He claimed damages under Section 166 of the Motor Vehicles Act; the tribunal awarded Rs 85,000 and the High Court enhanced the a…

The deceased, Sajal Sarkar, was employed by respondents 1 and 2 to drive their truck from Agartala to the FCI godown at Churaibari. After reaching the godown he left the vehicle to arrange repairs, informing the helper that he would return at night, but he met a road accident during the night and died. His wife and chi…

A cooperative bank owned a jeep that was requisitioned by the District Election Officer for election duties. The bank's driver, while under the officer's control, was instructed to clean a septic tank at the officer's residence and died due to a gas leak. The driver’s wife claimed compensation under the Workmen's Compe…

In 1966 a collision between a car and a goods truck caused the death of the car driver and injuries to a passenger. The heirs of the deceased and the injured passenger claimed compensation under the Motor Vehicles Act, 1939. The Motor Accidents Claims Tribunal dismissed the claims, but the Gujarat High Court awarded Rs…

A nine‑year‑old girl suffered a 10% permanent disability in a motor vehicle accident and claimed compensation under Section 166 of the Motor Vehicles Act, 1988. The Motor Accidents Claims Tribunal awarded Rs 72,785, but the Karnataka High Court enhanced the award to Rs 1,12,000 without providing reasons. The Supreme Co…

The claimant, a gratuitous passenger, was injured in an accident on 1 June 1996 while traveling in a goods carriage. The owner of the vehicle had not taken an insurance policy covering such passengers, and the insurer (National Insurance Co.) argued it was not liable for compensation. The Supreme Court examined the def…

National Insurance Company Ltd. issued a motor vehicle insurance policy under the Motor Vehicles Act, 1939, which was in force when the Motor Vehicles Act, 1988 came into effect. A bus insured under this policy met with an accident after the new Act commenced, resulting in a death claim. The insurer argued that the pro…

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 course of employment beca…

An employer had taken a Workmen's Compensation insurance policy with New India Assurance. After a workman's death, the Workmen's Compensation Commissioner awarded Rs. 2,25,220 plus 9% interest and directed the insurer to pay the amount. The insurer appealed, contending that its policy expressly excluded liability for i…

The appellants, manufacturers of pharmaceutical products, dismissed several medical representatives and the employees sought relief from the appellate authority under the Andhra Pradesh Shops and Establishments Act, 1988. The employers contended that the Sales Promotion Employees (Conditions of Service) Act, 1976, bein…

The case involved the death of Dasarath Singh, an auto‑rickshaw driver, who was killed by unknown passengers while they attempted to steal the vehicle. The claimants, Rita Devi and others, filed a petition under Section 163‑A of the Motor Vehicles Act, 1988 for compensation, which was awarded by the Motor Accidents Cla…

The Consumer Education and Research Centre filed a public‑interest writ under Article 32 seeking protection for workers in asbestos mines and industries, alleging that the right to health and medical care is a fundamental right under Article 21 read with Articles 39(c), 41, 43 and 48A of the Constitution. The petition …

The appellants, employees of a canteen operating in the Steel Club of Bhilai Steel Plant, challenged their dismissal under Section 58 of the Madhya Pradesh Shops and Establishments Act, 1958, arguing that the Act applied to the club. The respondents contended that the club was a "club not being a residential club" and …

The deceased employee of Hanuman Plantation Ltd. died in an accident at Nagaon. His parents, who had moved to Tezpur after his death, filed a compensation claim under the Workmen's Compensation Act before the Commissioner, Tezpur, which awarded Rs. 2.70 lakh. The company appealed, arguing that the Tezpur Commissioner l…

The Gujarat Transport Department floated a tender for manpower services with conditions that the salary paid must not be less than the minimum wage and that bids must be fixed, not open‑ended. Three bidders qualified; the Technical Evaluation Committee fixed a minimum‑wage figure of Rs 3,00,92,346, rendering the bids o…

The owners of motor trucks, who employed drivers and cleaners, suffered fatal accidents and their employees' heirs filed claims under the Workmen's Compensation Act, invoking Section 167 of the Motor Vehicles Act. The Workmen's Commissioner awarded compensation, interest, and penalty, holding the insurance companies jo…

The deceased, a vegetable trader, was traveling in a tractor with a trailer when he fell and died after the vehicle was driven at high speed. His heirs claimed compensation under Section 147(1) of the Motor Vehicles Act, 1988, arguing that the insurer was liable for the death of the owner of the goods being carried. Th…

The owner of a Jeep, who had a comprehensive motor insurance policy, was injured along with passengers in an accident. The Motor Accident Claims Tribunal ordered both the driver and the insurer to pay compensation to the owner, but the insurer appealed and the High Court held it not liable. The Supreme Court examined w…

Ajaya Kumar Das, a labourer, suffered an accident in 2000 that left him 85% permanently disabled. The Workmen's Compensation Commissioner awarded him Rs 2,78,926 with 12% interest from the date of the accident. The insurer appealed to the Orissa High Court more than 600 days after the award, and the High Court dismisse…

Certain goods vehicles insured by Oriental Insurance Company were involved in accidents that killed unauthorised or gratuitous passengers. Claims were filed under the Motor Vehicles Act, 1988 and the Motor Accident Claims Tribunal held the insurer liable for compensation. The High Court upheld that decision, relying on…

The appellants, six workmen, were awarded compensation based on disability percentages ranging from 35% to 40% by the Workmen's Compensation Commissioner. The insurer challenged the award under Section 30 of the Workmen's Compensation Act, 1923, and the High Court re‑appreciated the evidence, reducing the disability to…

A Tata truck, classified as a goods vehicle, met with an accident near Lungthulien village, leading to two claims before the Motor Accident Claims Tribunal under the Motor Vehicles Act, 1988. The Tribunal awarded compensation to the claimants, which the insurer, Oriental Insurance Co., contested on the ground that the …

The plaintiff Beli Ram, owner of a truck, employed a driver who had been driving with an expired licence for nearly three years. The driver suffered a road accident resulting in 20% permanent disability and claimed compensation under the Workmen's Compensation Act, 1923. The High Court held the insurer not liable and p…

The appellant, owner of a passenger‑carrying vehicle, insured the vehicle with New India Assurance Company. A khalasi (crew member) employed by the appellant died in an accident. The heirs claimed compensation under the Workmen's Compensation Act against both the appellant and the insurer. The Workmen's Compensation Co…

The Supreme Court, acting suo motu, examined the problem of large sums of unclaimed compensation lying with Motor Accident Claims Tribunals (MACTs) and Labour Courts under the Motor Vehicles Act, 1988 and the Workmen’s Compensation Act, 1923, after an email from a retired district judge highlighted the issue. The Court…

The heirs of Janak Raj, who died in a motorcycle accident along with a pillion rider, filed a claim under Section 163-A of the Motor Vehicles Act, 1988 for compensation. The Motor Vehicles Accident Claims Tribunal allowed the claim, treating the accident as arising from the use of the vehicle irrespective of who was dr…

The appellant workmen sought priority over the sale proceeds of unsecured assets of UMI Special Steels Ltd., arguing that under Sections 529 and 529A of the Companies Act, 1956, workmen's dues should rank ahead of secured creditors on those assets. The respondents, representing the secured creditors, contended that the…

The deceased employee of Mis. Bharagath Engineering died in an accident alleged to have occurred in the course of his employment. The employer argued that the claim under the Workmen's Compensation Act, 1923 should be barred because the employee was an "insured person" under the Employees' State Insurance Act, 1948, de…

The Supreme Court examined the termination of several RSRTC drivers who, after long service, developed defective or sub‑normal eyesight due to occupational hazards. The corporation dismissed them as unfit to drive, and the drivers challenged the dismissals as illegal retrenchment under Section 2(00)(c) of the Industria…

The Managing Director of a company was injured while travelling in a car owned by the company and insured with National Insurance Company Ltd. He claimed compensation under Sections 140, 147 and 166 of the Motor Vehicles Act, 1988, and the Motor Accident Claim Tribunal held the insurer liable. The insurer appealed, arg…

The case concerned the death of Bhagirathi Das, a mine employee of Steel Authority of India Ltd., who collapsed while on duty. His son sought a compassionate appointment under Para 8.9.4 of the 1989 Memorandum of Settlement, which provides such appointment only if death is due to an accident arising out of and in the c…

The case involved a tractor classified as a "goods carriage" that was carrying a passenger who died in an accident. The deceased's dependents filed a claim under the Motor Vehicles Act, 1988 seeking compensation from the insurer, New India Assurance Co. Ltd. The Motor Accident Claims Tribunal and the Allahabad High Cou…

The deceased Bangaru Raju died while driving a tractor owned by his wife, Smt. Gottumukkala Venkata Lakshmi, which was insured by National Insurance Co. Ltd. The claimants filed a petition under the Workmen's Compensation Act, 1923 seeking compensation from both the owner and the insurer. The High Court held that no aw…

The appellant, Asraf Alli, was 15 years old when he suffered a left lower‑limb amputation in a road accident. The Motor Accident Claims Tribunal accepted his actual monthly income as Rs 3,000, applied a 70% loss of earning capacity and a multiplier of 18, awarding Rs 4,53,600 as compensation. The Karnataka High Court r…

The respondent, an employee of Western India Plywood Ltd., suffered a hand amputation while at work and received disability benefits under the Employees' State Insurance (ESI) Act, 1948. He later sought permission to file a suit for additional compensation against his employer under tort law, but the trial court dismis…

The deceased, employed as a truck driver by the second respondent, died in a road accident and his wife, son and parents claimed compensation under the Workmen’s Compensation Act, 1923. The Deputy Labour Commissioner‑cum‑Commissioner awarded Rs.4,31,671 with 6% interest, but the claimants challenged the award on the gr…

The deceased employee, Ambadas Lahane, died while on duty and his legal heirs claimed compensation under the Workmen's Compensation Act, 1923. The employer contended that the employee was an "insured person" under the Employees' State Insurance Act, 1948, and therefore barred from any claim under the 1923 Act pursuant …

The owner of a two‑wheeler insured the vehicle with an act policy under the Motor Vehicles Act, 1988. The owner’s son, who was driving the motorcycle, died in an accident. The claimants sought compensation from the insurer, arguing that the son was a "person" covered under Section 147 of the Act. The insurer contended …

Sudarshan Rajpoot, a driver employed permanently by the Uttar Pradesh State Road Transport Corporation, suffered grievous injuries in a vehicle accident caused by a mechanical defect. The corporation struck his name off the contract roll, alleging negligent driving, and terminated his services without complying with st…

The case concerned a claim for compensation under the Workmen's Compensation Act, 1923 where the Commissioner awarded Rs 2,21,370 with interest at 12% per annum and held the insurer, National Insurance Co., liable for payment. The insurer contended that, in the absence of an express contractual term, it was not liable …

The appellant, a 25‑year‑old roadside cheese vendor, suffered fractures in a motor accident and claimed compensation for loss of future earnings. The Motor Accident Claims Tribunal awarded a modest sum, basing the claimant's monthly income on the minimum wage and deducting one‑third for personal expenses, while treatin…

A privately owned car met with a fatal accident killing the driver and four occupants, while a fifth passenger was injured. The heirs of the deceased filed claims under the Workmen's Compensation Act and the Motor Accidents Claims Tribunal, both of which were rejected, including a denial of "no‑fault" compensation unde…

The driver of a goods truck insured by National Insurance Co. Ltd. died in an accident, and his family claimed compensation under Section 166 of the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal dismissed the claim, but the Madhya Pradesh High Court awarded Rs. 2,10,000 and directed the insurer to pay th…

The appellants, children of deceased victims, filed parallel claims under Section 163-A (structured no‑fault compensation) and Section 166 (fault‑based compensation) of the Motor Vehicles Act, 1988. The High Court treated the Section 163‑A award as interim and allowed the claimants to retain the amount, prompting the i…

The Supreme Court examined the meaning of "unprotected worker" under Section 2(11) of the Maharashtra Mathadi, Hamal and other Manual Workers (Regulation of Employment and Welfare) Act, 1969. The petitioners argued that the term should be limited to casual workers not covered by other labour statutes, relying on earlie…

The appellant, a 20‑year‑old data‑entry operator, lost his right hand in a motor‑vehicle accident and claimed compensation under the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal assessed his disability at 89% but reduced it to 45% and used a monthly income of Rs 8,000, omitting a 50% addition for future…

The Supreme Court examined the liability of an insurer under the Motor Vehicles Act, 1939 and the Motor Vehicles Act, 1988 for compensation to gratuitous passengers and owners or representatives of goods vehicles. It held that under the 1939 Act, Section 95(1)(b) excludes the insurer from such liability, but the corres…

The appellant, owner of two vehicles, claimed that United India Insurance Company should indemnify him for the death of his employee, Ramesh Lalmani Yadav, who was a cleaner and died while filling water in the radiator of a second vehicle on the employer's direction. The Labour Court held the owner jointly liable with …

The Supreme Court examined the widespread filing of fraudulent compensation claims under the Motor Vehicles Act and the Workmen's Compensation Act, as investigated by a Special Investigating Team (SIT) in Uttar Pradesh. The SIT reported 1,376 suspicious claims, of which 247 had been examined, leading to 92 criminal cas…

The petition, filed by a social welfare organisation, alleged that thousands of migrant workers in stone quarries and crushers in Faridabad were subjected to inhuman conditions, forced labour and bondage, violating their fundamental rights under Articles 21 and 23 of the Constitution. The Court treated the letter addre…

The Supreme Court considered whether the 1995 amendment to Sections 4 and 4A of the Workmen's Compensation Act, 1923, which increased compensation amounts and interest rates, applied to claims arising from accidents that occurred before the amendment’s effective date of 15 September 1995. Relying on the earlier decisio…

The appellants filed a claim for compensation under the Workmen's Compensation Act for workmen who died when a large quantity of mud collapsed from a quarry while being loaded onto a tractor‑trailer. The Commissioner held the accident occurred in the course of employment and the insurer was liable, but the Karnataka Hi…

The employer, M/s. Creative Garments Ltd., appealed against a Labour Court award that reinstated employee Kashiram Verma with back wages. The employee never reported for duty despite multiple communications, and his permanent address was never furnished; only a "care of Union" address was provided. The Supreme Court fo…

The owner of a Maruti van, who was also the insured, died while driving the vehicle after it collided with a tree. The heirs filed a claim under Section 166 of the Motor Vehicles Act, 1988, seeking compensation from the insurer, Oriental Insurance Co. Ltd. The insurer contended that the policy was a third‑party policy …

The Public Union for Civil Liberties filed a public‑interest writ petition seeking enforcement of the Bonded Labour System (Abolition) Act, 1976 and the rehabilitation of freed bonded labourers. The Supreme Court examined the persistent non‑compliance of several states and Union Territories with earlier court direction…

The appellant, Sushilaben Gandhi, claimed compensation under a Motor Vehicles Act claim for the death of her husband, Dr. Alpesh I. Gandhi, who died in a bus accident owned by the Rotary Eye Institute. The insurer, New India Assurance, denied liability invoking a limitation of liability clause that excludes deaths occu…

The appellant, an adopted son of a truck driver who died while driving a long‑distance haul, claimed compensation under the Workmen's Compensation Act, 1923. The Supreme Court examined whether the adoption was valid under Hindu law and whether the driver’s death constituted an "accident" arising out of and in the cours…

Sunil Industries, a sole‑proprietor workshop shaping steel sheets, employed Ram Chander Pradhan as a press operator. While operating a press, Pradhan suffered injuries to his right index finger and thumb, leading to amputation of part of the finger. He filed a claim under the Workmen's Compensation Act, 1923 and was aw…

S. Suresh, a 25‑year‑old lorry driver, lost his right leg below the knee in a road accident. He claimed compensation under the Workmen's Compensation Act, 1923, and the Commissioner awarded Rs 5,20,584, finding a 100% loss of earning capacity as a driver. The insurer appealed; the Karnataka High Court reduced the award…

The appellant, Rajesh Kumar, was injured in a motor vehicle accident in August 2001 and claimed a 60% total disability under Section 166 of the Motor Vehicles Act, 1988, relying on a civil surgeon's certificate dated November 2003. The Motor Accident Claims Tribunal and the Delhi High Court both assessed his disability…

Rathi Menon, a 22‑year‑old passenger, was thrown from a train in 1996, sustaining paraplegia and loss of both an arm and a leg. She filed a claim for compensation under Section 124A of the Railways Act, 1989 before the Railway Claims Tribunal. While the claim was pending, Rule 3(2) of the Railway Accident Compensation …

Ram Prasad Varma, a 55‑year‑old ONGC employee, lost both legs in a motor vehicle accident and claimed compensation under the Motor Vehicles Act, 1988. The Motor Accidents Claims Tribunal awarded Rs 19.63 lakhs using the structured formula in the Second Schedule with a multiplier of eight and 12% interest; the High Cour…

The case concerned several accidents in which passengers, often paying a nominal fare, were travelling in lorries classified as goods carriages. Claimants sought compensation from the insurers of the vehicle owners under Section 147 of the Motor Vehicles Act, 1988, arguing that the insurers were liable for death or inj…

The State of Maharashtra appointed Justice B. Lentin as a one‑man Commission of Inquiry to investigate the death of 14 patients at J.J. Hospital. The Commission found the appellant, Dr. Baliram Waman Hiray, gave contradictory evidence and issued a show‑cause notice for perjury under s.193 IPC read with s.340 CrPC, dire…

The National Campaign for Dignity and Rights of Sewerage and Allied Workers filed a public interest litigation before the Delhi High Court seeking safety measures and compensation for sewage workers who died in hazardous conditions. The High Court issued interim directions ordering the Delhi Jal Board (DJB) to provide …

The case involved several claimants who suffered injuries in motor vehicle accidents and sought compensation under the Workmen's Compensation Act, 1923 and the Motor Vehicles Act, 1988. The insurer argued that compensation should be limited to the percentage of physical disability prescribed by the statutes and that in…

The deceased, a 24‑year‑old helper earning Rs 2,400 per month (plus a Rs 25 daily food allowance), was killed when a truck driver lost control of the vehicle. His parents claimed compensation under the Workmen’s Compensation Act, 1923. The Commissioner awarded Rs 2,64,895 (50% of monthly wages multiplied by the factor …

The owner of a goods vehicle insured the truck with National Insurance Co. and hired it to transport goods. During the journey the hirer and two of his labourers were killed in an accident. The legal heirs of the deceased filed claims under the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal held the insur…

The employee, Francis De Costa, was injured in a road accident while riding his own bicycle to work, about one kilometre from his factory and fifteen minutes before his shift began. He claimed disablement benefit under the Employees' State Insurance Act, 1948, and the ESIC Court allowed the claim, which was later dismi…

The widow of a plant engineer who died of a heart attack at a thermal station claimed compensation under the Workmen's Compensation Act, 1923, alleging that the death resulted from stress and strain of his duties. The Commissioner awarded compensation, but the respondents appealed, arguing that the death was not caused…

The appellant, a heavy‑vehicle driver, suffered permanent injury to his right leg after his truck lost control due to an axle cut, rendering him unable to work as a driver. He claimed compensation under the Workmen’s Compensation Act, 1923, and the Commissioner initially awarded Rs 1,81,494 based on a 50% functional di…

The deceased, a cleaner employed in a milk‑transport truck, suffered a sudden heart attack and died while alighting from the vehicle. His mother filed a claim under the Workmen's Compensation Act, 1923, alleging the death occurred in the course of employment. The Commissioner allowed the claim without any evidence that…

Basappa, a construction worker (Goundi), was seriously injured when a bus driven rashly collided with his motorcycle, resulting in a permanent disability of 58% to his whole body. He filed a claim under Section 166 of the Motor Vehicle Act, 1988, seeking Rs 15,00,000; the Motor Accident Claims Tribunal awarded Rs 93,80…

Mr. A. Trehan, an employee of M/s. Associated Electrical Agencies, suffered a serious eye injury while repairing a television. As an insured person under the Employees' State Insurance (ESI) Act, 1948, he received benefits from the ESI Corporation and later filed a claim for additional compensation under the Workmen's …

Mohan Soni, a cart puller, lost his left leg below the knee in a motor vehicle accident and claimed compensation under section 166 of the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal awarded Rs.2,03,400, fixing his disability at 50% based on Schedule 1 of the Workmen's Compensation Act, 1923, and the Hi…

The petitioners claimed compensation under Section 166 of the Motor Vehicles Act, 1988 after the death of a 48‑year‑old employee who earned Rs.13,331 per month; the Claims Tribunal awarded Rs.9.03 lakh, which the Karnataka High Court enhanced to Rs.11.25 lakh by applying a split‑multiplier and a lower multiplier of 10.…

Mastan, a cleaner employed by the owner of a lorry insured by National Insurance Company Ltd., was injured (45‑50% disability) in a road accident while driving the employer's vehicle. He filed a claim under the Workmen's Compensation Act, 1923 and obtained an award of compensation payable by the insurer. The insurer ap…

The case concerned 85 workers who had resigned from the Cochin Port Thozhilali Union and sought a refund of amounts that the union, through its president‑treasurer G.S. Dhara Singh, had collected from the employer on their behalf for gratuity and accident benefit funds. The workers filed civil suits demanding an accoun…

The appellant, a self‑employed mechanic with 30 years of experience, suffered a road accident on 23‑04‑2013 resulting in a 17% whole‑body disability as certified by Dr. Alok Mehta. The Motor Accidents Claims Tribunal awarded Rs.87,700 as loss of future income, which the High Court enhanced to Rs.1,27,700, both based on…

Ramu Pasi, a casual worker in the factory of Central Mine Planning and Design Institute Ltd., claimed compensation under the Workmen's Compensation Act, 1923 for an injury to his left ring finger suffered on 11 June 1986. The Labour Court awarded Rs 4001, but the employer appealed, contending that a casual worker is ex…

On 18 March 2004 the son of the claimant, who was a pillion rider, died in a road accident. The Motor Accident Claims Tribunal (MACT) held the insurer liable under Section 163A of the Motor Vehicles Act, 1988 and awarded Rs.1.99 lakh with interest, using a multiplier of 8 based on the claimant's age. The High Court set…

The deceased workman suffered a heart attack six months after being involved in a vehicular accident. The Commissioner for Workmen's Compensation awarded compensation, which the insurer challenged. The Karnataka High Court set aside the award against the insurer, held that the employer (vehicle owner) was liable despit…

Two workmen were unloading maize from a tractor‑trailer into an underground storage bin when they fell into a pit while cleaning it and died of asphyxia. Their legal representatives filed claim petitions under the Motor Vehicles Act, 1988, and the Commissioner for Workmen's Compensation held United India Insurance liab…

Palraj, a bus driver for a Karnataka State Road Transport Corporation, suffered a severe accident that left him unable to drive but capable of performing other duties. The corporation reassigned him as a peon with the same salary. The Commissioner of Workmen's Compensation initially awarded compensation based on an 85%…

The deceased employee was killed in a road accident involving a BSF truck. The dependents filed a claim for compensation under Section 173 of the Motor Vehicles Act before the Motor Accident Claims Tribunal, which awarded Rs.1,20,000. The insurer challenged the claim, contending that Section 53 of the Employees' State …

The Supreme Court examined a claim for compensation under the Railways Act, 1989 after a bona‑fide passenger, Smt. Abja, fell onto the tracks while trying to board a moving train and was run over. The issue was whether such a fall fell within the expression “accidental falling of a passenger from a train carrying passe…

The husband of Dyamavva Yalgurdappa, a pump operator employed by Mormugao Port Trust, died in a road accident on 19 April 2003. The dependents filed a claim under Section 166 of the Motor Vehicles Act, 1988 on 30 May 2003, while the employer later deposited compensation under Section 8 of the Workmen's Compensation Act…

The widow of a deceased Khalasi filed a claim petition before the Deputy Labour Commissioner, Orissa, for compensation under the Workmen's Compensation Act, 1923, after her husband died in an accident near Rourkela in 1974. The Deputy Labour Commissioner awarded Rs 8,000, but the employer appealed to the Orissa High Co…

The owner of a utility van involved in a fatal accident filed five claim petitions and appealed against the High Court's order directing the insurer to "pay and recover". The insurer argued that the policy’s "limitation as to use" clause barred coverage for passengers, contending the vehicle was effectively a goods car…

The Supreme Court considered appeals by Oriental Insurance Co. Ltd. and other insurers against claims filed by Hansrajbhai V. Kodala and others under Section 163A of the Motor Vehicles Act, 1988 for lump‑sum compensation on a structured formula basis. The claimants had also sought interim compensation from the Claims T…

The case concerned whether an insurer is liable to pay compensation to the dependents of a passenger who died while travelling in a goods carriage that met with an accident. The Motor Accident Tribunal had held the insurer liable, relying on the earlier decision in New India Assurance Co. v. Satpal Singh. The Supreme C…

The claimant, Saju P. Paul, a heavy‑vehicle driver employed by another company, was travelling as a "spare driver" in the cabin of a goods vehicle that met with an accident in 1993. The vehicle owner had taken a motor‑vehicle insurance policy covering only the driver and cleaner, not a spare driver. The Motor Accident …

The appellant, United India Insurance Co., had issued a motor vehicle insurance policy for a truck owned by the deceased Atma Ram Sharma, with renewals effected by the bank that held a hypothecation on the vehicle. After Sharma's death in 1991, the registration was not transferred and the policy continued in his name. …

Mallikarjuna, a driver employed by the North East Karnataka Road Transport Corporation, died of a heart attack while on duty on 6 April 1999. His widow filed a claim under the Workmen’s Compensation Act, 1923 and the Commissioner awarded Rs 3,79,120 with a direction that interest at 12% per annum would accrue only if t…

Roshan Deen, a workman injured while operating machinery at Preeti Lal's flour mill, claimed compensation under the Workmen's Compensation Act, 1923. While the claim was pending, the Commissioner dismissed it on the basis of an alleged agreement between the parties that Deen would withdraw his claim, an agreement later…

The insurer, National Insurance Co., appealed against a tribunal and High Court order that held it liable to pay compensation under the Motor Vehicles Act, 1988 for the death of a person travelling as a passenger in a goods carriage. The Supreme Court examined whether the Act imposes a statutory duty on vehicle owners …

Ram Chandra, a cleaner injured in a motor accident while employed, claimed compensation under the Motor Vehicles Act. The insurer, United India Insurance Co., argued that liability was limited to the Workmen's Compensation Act and that any excess should be borne by the vehicle owner. The Supreme Court examined the stat…

Suresh Chandra Variyal, a regional manager, died in a motor accident while using a company car insured under the Motor Vehicles Act, 1988. His widow and daughter filed a claim under Section 166 against the employer and Oriental Insurance Company. The Motor Accidents Claims Tribunal held the employer liable but exonerat…

The petitioners, a group of army porters engaged as casual daily‑wage labour in border areas, filed a writ petition under Article 32 seeking to be treated as regular employees with the benefits of minimum pay‑scales, medical facilities, compensation and regularisation. The Union government argued that the porters are s…

The wife and relatives of a truck driver who died in a road accident filed a claim under the Workmen's Compensation Act, 1923 for compensation and 12% interest from the date of the accident. The Workmen's Compensation Commissioner awarded the compensation with interest from the accident date, but the Gujarat High Court…

The appellant, a driver for the Cantonment Board, was injured in a road accident and claimed Rs 17.94 lakh under Section 166 of the Motor Vehicles Act, 1988 for permanent disability and loss of earnings. The Motor Accident Claims Tribunal awarded Rs 85,000, which the High Court enhanced to Rs 3,75,000 on the basis of a…

The petitioner, owner of a stage‑carriage bus, claimed that the insurer should indemnify him up to Rs 75,000 under Section 95(2)(b)(ii)(2) of the Motor Vehicles Act, 1939, arguing that the per‑passenger limit in sub‑clause (ii)(4) was inapplicable. The Supreme Court examined the pre‑1982 wording of Section 95(2)(b), wh…

The appellants, employees injured in a lorry accident, claimed compensation under the Workmen's Compensation Act, 1923. The Workmen's Compensation Commissioner awarded compensation based on disability certificates issued by a qualified orthopaedic surgeon, without requiring the appellants to produce X‑ray films before …

The appellant, Neerupam Mohan Mathur, lost his right hand in a bus‑truck collision caused by the negligent driver of a chartered bus. He claimed compensation under Section 110‑A of the Motor Vehicles Act, 1988, and the Motor Accident Claims Tribunal awarded Rs.3,20,000. The Punjab & Haryana High Court enhanced the awar…

The appellant, a 45‑year‑old proprietor who lost his right leg below the knee in a bus accident, claimed Rs. 21,00,000 as compensation under the Motor Vehicles Act, 1988. The Motor Accidents Claims Tribunal awarded Rs. 9,42,822, applying a multiplier of 13 and granting Rs. 1,00,000 for 85% permanent disability. The Hig…

The respondents, employed as labourers, cleaners or drivers, were injured in a vehicle accident while performing duties and claimed compensation under the Workmen's Compensation Act, 1923. The Commissioner awarded compensation based on the medical assessment of loss of earning capacity (LEC) and functional disability, …