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Workmen's Compensation Act, 1923

120 judgments · newest first · showing 1–120

NISAR BASHIRBHAI SHAIKHversusBHASKAR BHAUSAHEB THORAT AND OTHERS

DISPOSED OFF

The petitioner, Nisar Bashirbhai Shaikh, challenged a 30 April 2012 order of the Commissioner for Workmen’s Compensation and the First Labour Court, Ahmednagar, which denied a penalty and 12% interest from the date of accident in WC Application No.38/2009. He argued, relying on the Supreme Court’s …

ATUL HIRALAL VORAversusTHE DIVISIONAL MANAGER

Disposed Off

The appellant, Atul Hiralal Vora, filed a Letters Patent Appeal (LPA) challenging an order dated 26 August 2011 that granted the sixth respondent six weeks to produce a certificate issued by the Commissioner under the third proviso of Section 30(1) of the Workmen’s Compensation Act, 1923. The order …

SHRI. SANTOSH SHRIRAM SHIRGAONKAR AND ORS.versusDR. SHRI. SONAL DILIP KADAM

Allowed

The appellant, Santosh Shirgaonkar & Ors., deposited Rs.7,50,657 but failed to meet the full statutory deposit required under the proviso to Section 30(1) of the Workmen’s Compensation Act, 1923, and sought time to comply. The court stood over the matter to 22‑Oct‑2026, warning that the appeal would …

SHRI LALBAHADUR RAM SIROMAN SINGversusSHRI PANESAR M. SINGH AND ANR

Disposed Off

The appellant, an auto‑rickshaw driver, was injured on 1 April 1990 when a car owned by the insured collided with his vehicle. He suffered a 22% partial permanent disability and his pre‑accident earnings of Rs 6,000 per month fell to Rs 1,500 per month as a hawker. The Motor Accident Claims Tribunal …

M/S R.K. CONTRACTOR AND SUPPLIERversusSTATE OF UTTAR PRADESH AND 5 OTHERS

The petitioner, M/s R.K. Contractor and Supplier, challenged a recovery certificate issued under the Workmen's Compensation Act, 1923 after an award dated 27-03-2024 directed payment of Rs.10,91,216 to the deceased worker's mother and authorized the insurer to recover the amount from the …

SAIDABANU ABDULKARIM RANGREJversusMANAGER EVERCHEM DYES INDUSTRIES

39-RULE DISCHARGED/DISMISSED @ FH

The deceased, Abdulbaksh Rangrej, a boiler attendant, suffered a cardiac arrest and died while on duty at Everchem Dyes Industries. His dependants filed a fatal workmen's compensation claim (WC Fatal Case No.58 of 1998) which was dismissed by the Workman Commissioner. The claimants appealed to the …

CHETANBHAI KISHORBHAI SINDHVADversusNATIONAL INSURANCE CO. LTD

38-RULE ABSOLUTE/ALLOWED @ FH

Chetanbhai Kishorbhai Sindhvad filed a petition under Articles 226 and 227 of the Constitution and the Workmen’s Compensation Act, 1923, seeking to set aside a Labour Court order that rejected his application to withdraw a fixed deposit of Rs 1,07,000 placed as compensation by National Insurance Co. …

RAMESHBHAI NANABHAI VAGADIYAversusBALVINDERSINH @ MANSINH HARIJAN

44-PARTLY ALLOWED @ FH

The appellant, Rameshbhai Vagadiya, was injured in a 2008 motor vehicle collision and claimed Rs.8,00,000 in compensation. The Motor Accident Claims Tribunal awarded only Rs.2,13,000, assessing his pre‑accident income at Rs.3,000 per month and rejecting claims for future loss of earnings due to lack …

BHIMABEN WD/O BHAGOJI RAGHOJI UTTEKARversusNANUBHAI RAMANLAL SHAH

38-RULE ABSOLUTE/ALLOWED @ FH

The appellants filed a First Appeal under Section 30 of the Workmen’s Compensation Act, 1923 challenging the Workmen’s Compensation Commissioner’s order rejecting their claim for compensation after the death of Bhagojirao Uttekar, who fell while painting an advertisement board. The deceased was …

SHYAM LALversusSHRIRAM GENERAL INSURANCE CO. LTD. AND OTHERS

2025 INSC 1078Appeal(s) allowed

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 …

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 …

AABID KHANversusDINESH AND OTHERS

2024 INSC 291Appeal(s) allowed

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 …

MAMTA DEVI & ORS.versusTHE RELIANCE GENERAL INSURANCE COMPANY LIMITED & ANR

2023 INSC 566Case Partly allowed

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 …

M/S. CREATIVE GARMENTS LTDversusKASHIRAM VERMA

2023 INSC 243Appeal(s) allowed

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. …

AJAYA KUMAR DAS & ANRversusDIVISIONAL MANAGER & ANR

2022 INSC 87Appeal(s) allowed

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 …

SAFIQ AHMADversusICICI LOMBARD GENERAL INSURANCE CO. LTD. & OTHERS

2021 INSC 910Directions issued

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, …

P.B. NAYAK & ORS.versusMANAGING DIRECTOR, BHILAI STEEL PLANT & ORS.

2021 INSC 670Dismissed

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 …

BELI RAMversusRAJINDER KUMAR & ANR.

2020 INSC 560Dismissed

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 …

PAPPU DEO YADAVversusNARESH KUMAR AND ORS.

2020 INSC 553Case Partly allowed

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% …

CHANDRAKANTA TIWARIversusNEW INDIA ASSURANCE COMPANY LTD. & ANR.

2020 INSC 419Appeal(s) allowed

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 …

NORTH EAST KARNATAKA ROAD TRANSPORT CORPORATIONversusSMT. SUJATHA

2018 INSC 1036Disposed off

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 …

YASH PAL & ORS.versusUNION OF INDIA AND ORS.

2017 INSC 8Disposed off

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 …

GOLLA RAJANNA ETC. ETC.versusTHE DIVISIONAL MANAGER AND ANOTHER, ETC. ETC.

2016 INSC 1054Appeal(s) allowed

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, …

DHROPADABAI AND OTHERSversusM/S. TECHNOCRAFT TOOLINGS

2015 INSC 977Dismissed

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 …

PRAVEENBHAI S. KHAMBHAYATAversusUNITED INDIA INSURANCE COMPANY LTD. & ORS.

2015 INSC 128Appeal(s) allowed

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 …

SUDARSHAN RAJPOOTversusU.P. STATE ROAD TRANSPORT CORPORATION

2014 INSC 788Appeal(s) allowed

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 …

BASAPPA S/O SANGANABASAPPA BAHVIKATTIversusT. RAMESH S/O TANGAVELU AND ANR.

2014 INSC 705Appeal(s) allowed

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 …

MANJU SARKAR & ORS.versusMABISH MIAH AND ORS.

2014 INSC 431Appeal(s) allowed

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 …

SABERABIBI YAKUBBHAI SHAIKH & ORS.versusNATIONAL INSURANCE CO. LTD. & ORS.

2014 INSC 2Appeal(s) allowed

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 …

PUTTAMMA & ORS.versusK. L. NARAYANA REDDY & ANR.

2013 INSC 814Appeal(s) allowed

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 …

RAM CHANDRAversusREGIONAL MANAGER UNITED INDIA INSURANCE CO. LTD.

2013 INSC 509Appeal(s) allowed

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 …

B. LAKSHMANA ETC.versusDIVISIONAL MANAGER, NEW INDIA ASSURANCE COMPANY LIMITED ETC.

2013 INSC 387Appeal(s) allowed

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 …

NEERUPAM MOHAN MATHURversusNEW INDIA ASSURANCE CO.

2013 INSC 381Appeal(s) allowed

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 …

S. MANICKAMversusMETROPOLITAN TRANSPORT CORP. LTD.

2013 INSC 393Case Partly allowed

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 …

ORIENTAL INSURANCE CO. LTD.versusDYAMAWA & ORS.

2013 INSC 76Dismissed

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 …

MANAGER, NATIONAL INSURANCE CO. LTD.versusSAJU P. PAUL AND ANOTHER

2013 INSC 3Appeal(s) allowed

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. …

MST. PARAM PAL SINGH THROUGH FATHERversusM/S NATIONAL INSURANCE CO. & ANR.

2012 INSC 621Appeal(s) allowed

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 …

SANJEEV KUMAR SAMRATversusNATIONAL INSURANCE CO. LTD. AND OTHERS

2012 INSC 576Dismissed

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 …

NATIONAL INSURANCE COMPANY LTD.versusBALAKRISHNAN & ANOTHER

2012 INSC 521Case Partly allowed

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 …

PUBLIC UNION FOR CIVIL LIBERTIESversusSTATE OF TAMIL NADU & ORS.

2012 INSC 472Disposed off

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 …

JITENDRA NATH SINGHversusTHE OFFICIAL LIQUIDATOR & ORS.

2012 INSC 415Appeal(s) allowed

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 …

THE ORIENTAL INSURANCE CO. LTD.versusSIBY GEORGE & ORS.

2012 INSC 311Dismissed

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 …

MOHAN SONIversusRAM AVTAR TOMAR AND ORS.

2012 INSC 13Appeal(s) allowed

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 …

RAJ KUMARversusAJAY KUMAR & ANR.

2010 INSC 703Case Partly allowed

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 …

MAMTAJ BI BAPUSAB NADAF & ORS.versusUNITED INDIA INSURANCE CO. & ORS.

2010 INSC 580Dismissed

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 …

PALRAJversusTHE DIVISIONAL CONTROLLER, NEKRTC

2010 INSC 579Disposed off

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 …

YADAVA KUMARversusTHE DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD. & ANOTHER

2010 INSC 559Case Partly allowed

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 …

ESHWARAPPA @ MAHESHWARAPPA & ANR.versusC.S. GURUSHANTHAPPA & ANR.

2010 INSC 524Appeal(s) allowed

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 …

RASHIDA HAROON KUPURADEversusDIV. MANAGER, ORIENTAL INSURANCE CO. LTD. & ORS.

2010 INSC 84Appeal(s) allowed

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 …

BHUWALKA STEEL INDUS. LTD.versusBOMBAY IRON & STEEL LABOUR BO. & ANR.

2009 INSC 1318Dismissed

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 …

S. SURESHversusORIENTAL INSURANCE CO. LTD. & ANR.

2009 INSC 1135Appeal(s) allowed

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 …

PRIYA VASANT KALGUTKARversusMURAD SHAIKH & ORS.

2009 INSC 967Dismissed

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 …

ORIENTAL INSURANCE CO. LTD.versusMOHD. NASIR AND ANR.

2009 INSC 801Disposed off

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 …

NATIONAL INSURANCE COMPANY LTD.versusHAMIDA KHATOON AND ORS.

2009 INSC 723Appeal(s) allowed

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 …

ORIENTAL INSURANCE CO. LTD.versusRAM PRASAD VARMA & ORS.

2009 INSC 24Disposed off

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% …

ASRAF ALLIversusM/S. NAVEEN HOTELS LTD. & ANR.

2008 INSC 1503Case Partly allowed

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 …

ASSURANCE COMPANY LTD.versusSADANAND MUKHI AND OTHERS

2008 INSC 1491Appeal(s) allowed

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. …

UNITED INDIA INSURANCE CO. LTD.versusSANTRO DEVI & ORS.

2008 INSC 1384Dismissed

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 …

KAMLA CHATURVEDIversusNATIONAL INSURANCE CO. & ORS.

2008 INSC 1311Case Partly allowed

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 …

STEEL AUTHORITY OF INDIAversusMADHUSUDAN DAS & ORS.

2008 INSC 1186Appeal(s) allowed

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 …

RAMPRASAD BALMIKIversusANIL KUMAR JAIN & ORS.

2008 INSC 1113Dismissed

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 …

HARIJAN MANGRI SIDDAKKA AND ORS.versusORIENTAL INSURANCE CO. LTD. AND ANR.

2008 INSC 838Case Allowed

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, …

RAJESH KUMAR @ RAJUversusYUDHVIR SINGH & ANR.

2008 INSC 655Dismissed

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 …

UNION OF INDIAversusPRABHAKARAN VIJAYA KUMAR & ORS.

2008 INSC 577Dismissed

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 …

ORIENTAL INSURANCE CO. LTD.versusRAJNI DEVI & ORS.

2008 INSC 511Case Partly allowed

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 …

NATIONAL INSURANCE CO. LTD.versusPREMA DEVI & ORS.

2008 INSC 275Case Allowed

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 …

NATIONAL INSURANCE CO. LTD.versusCHOLLETI BHARATAMMA AND ORS.

2007 INSC 1086Disposed off

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 …

MORGINA BEGUMversusMANAGING DIRECTOR, HANUMAN PLANTATION LTD.

2007 INSC 979Appeal(s) allowed

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 …

A.P.S.R.T.C. REP. BY ITS CHIEF LAW OFFICERversusM. PENTAIAH CHARY

2007 INSC 883Disposed off

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 …

ORIENTAL INSURANCE COMPANY LIMITEDversusMEENA VARIYAL AND ORS.

2007 INSC 359Appeal(s) allowed

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 …

SPIC PHARMACEUTICALS DIVISIONversusAUTHORITY UNDER SEC. 48(1) OF A.P. AND ANR.

2007 INSC 232Disposed off

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 …

NEW INDIA ASSURANCE CO. LTD.versusVEDWATI AND ORS.

2007 INSC 172Appeal(s) allowed

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 …

NATIONAL INSURANCE CO. LTD.versusMUBASIR AHMED AND ANR.

2007 INSC 87Case Partly allowed

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 …

ORIENTAL INSURANCE CO. LTD.versusJHUMA SAHA AND ORS.

2007 INSC 47Appeal(s) allowed

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 …

SHAKUNTALA CHANDRAKANT SHRESHTIversusPRABHAKAR MARUTI GARVALI AND ANR.

2006 INSC 833Dismissed

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 …

ZILA SAHAKARI KENDRA BANK MARYADITversusSHAHJADI BEGUM AND ORS.

2006 INSC 674Case Partly allowed

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 …

JYOTHI ADEMMAversusPLANT ENGINEER, NELLORE AND ANR.

2006 INSC 413Disposed off

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 …

NEW INDIA ASSURANCE CO. LTD.versusHARSHADBHAI AMRUTBHAI MODHIYAND ANR.

2006 INSC 263Appeal(s) allowed

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 …

NATIONAL INSURANCE COMPANY LTD.versusMASTAN AND ANR.

2005 INSC 611Appeal(s) allowed

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 …

CENTRAL MINE PLANNING AND DESIGN INSTITUTE LTD.versusRAMU PASI AND ANR.

2005 INSC 608Disposed off

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 …

NATIONAL INSURANCE CO. LTD.versusPREMBAI PATEL AND ORS.

2005 INSC 212Disposed off

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 …

DHANRAJversusNEW INDIA ASSURANCE CO. LTD. AND ANR.

2004 INSC 549Leave Granted & Dismissed

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 …

NATIONAL INSURANCE CO. LTD.versusV. CHINNAMMA AND ORS.

2004 INSC 472Leave Granted & Allowed

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 …

DEEPAL GIRISHBHAI SONI AND ORS.versusUNITED INDIA ASSURANCE CO. LTD., BARODA

2004 INSC 184Dismissed

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 …

NATIONAL INSURANCE CO. LTD.versusAJIT KUMAR AND ORS.

2003 INSC 446Appeal(s) allowed

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 …

RAMASHRAY SINGHversusNEW INDIA ASSURANCE CO. LTD. AND ORS.

2003 INSC 327Dismissed

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 …

ORIENTAL INSURANCE COMPANY LTD.versusDEVIREDDY KONDA REDDY AND ORS. ETC. ETC.

2003 INSC 33Appeal(s) allowed

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 …

M/S. BHARAGATH ENGINEERINGversusR. RANGANAYAKI AND ANR.

2002 INSC 572Appeal(s) allowed

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 …

NEW INDIA ASSURANCE CO. LTD.versusASHA RANI AND ORS.

2002 INSC 513Appeal(s) allowed

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 …

ROSHANDEENversusPREETILAL

2001 INSC 550Appeal(s) allowed

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 …

NEW INDIA ASSURANCE CO. LTD.versusASHA RANI AND ORS.

2001 INSC 379Directions issued

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 …

RATHI MENONversusUNION OF INDIA

2001 INSC 140Appeal(s) allowed

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 …

M/S. SUNIL INDUSTRIESversusRAM CHANDER PRADHAN AND ANR.

2000 INSC 521Dismissed

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 …

NATIONAL INSURANCE COMPANY LTD.versusBEHARI LAL AND ORS.

2000 INSC 417Dismissed

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 …

SMT. RITA DEVI AND ORS.versusNEW INDIA ASSURANCE CO. LTD. AND ANR.

2000 INSC 263Case Allowed

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 …

KERALA STATE ELECTRICITY BOARD AND ANR.versusVALSALA K. AND ANR. ETC. ETC.

1999 INSC 412Dismissed

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 …

DEPUTY LABOUR COMMISSIONER, ORISSA BHUBANESWARversusABHIMANYU GOUDA AND ANR.

1997 INSC 717Appeal(s) allowed

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 …

VED PRAKASH GARG ETC.versusPREMI DEVI AND ORS. ETC.

1997 INSC 671Case Partly allowed

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 …

WESTERN INDIA PLYWOOD LTD.versusSHRI. P. ASHOKAN

1997 INSC 663Appeal(s) allowed

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 REGIONAL DIRECTOR, E.S.I. CORPORATION AND ANR.versusFRANCIS DE COSTA AND ANR.

1996 INSC 1037Appeal(s) allowed

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, …

MR. A TREHANversusM/S. ASSOCIATED ELECTRICAL AGENCIES AND ANR.

1996 INSC 671Dismissed

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 …

CONSUMER EDUCATION AND RESEARCH CENTRE AND ORS.versusUNION OF INDIA AND ORS.

1995 INSC 76Case Allowed

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 …

DR. BALIRAM WAMAN HIRAYversusJUSTICE B. LENTIN AND OTHERS

1988 INSC 272Case Allowed

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 …

G.S. DHARA SINGHversusE.K. THOMAS & ORS.

1988 INSC 210Dismissed

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 …

M.K. KUNHIMOHAMMEDversusP.A. AHMEDKUITY & ORS.

1987 INSC 233Dismissed

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 …

BANDHUA MUKTI MORCHAversusUNION OF INDIA & OTHERS

1983 INSC 203Disposed off

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 …

MOTOR OWNERS INSURANCE CO. LTD.versusJADAVJI KESHAVJI MODI & ORS.

1981 INSC 174Dismissed

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 …