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 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…

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…

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 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…

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…

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…

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 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 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 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 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 …

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 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 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 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 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 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…

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 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 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…

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…

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.…

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…

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 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 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 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 …

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…

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…

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 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…