MANJU SARKAR & ORS. versus MABISH MIAH AND ORS.

The deceased was employed to drive the truck for the round trip, and there was a notional extension of employment at the time of accident which occurred while he was still under employment; he died in the course of employment and appellants are entitled to compensation.

Parties: Appellant: Manju Sarkar; Respondent: Mabish Miah; Respondent: Insurance Company (Respondent No.3)
Jurisdiction: India
Judgment Date: 30 June 2014
Procedural Posture: Civil Appeal / Supreme Court Appeal From High Court Judgment
Outcome: Appeal allowed; judgment and orders of lower courts set aside; claim petition allowed.
Legal Topics: Workmen's Compensation, Notional Extension of Employment, Employer's Liability, Quantum of Compensation, Interest Liability

Labour Law Insurance Law Workmen's Compensation Notional Extension of Employment Employer's Liability Quantum of Compensation Interest Liability

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Full judgment text Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 4

Parties

Manju Sarkar

Appellant

Mabish Miah

Respondent

Insurance Company (Respondent No.3)

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Judgment

Legal Issues

1 Whether the deceased met with the road accident in the course of his employment under respondents 1 and 2.
2 Quantum of compensation payable to the claimants under Workmen's Compensation Act, 1923.
3 Liability of insurance company to pay interest on compensation.

Ratio Decidendi

Court Disposition

Appeal allowed; judgment and orders of lower courts set aside; claim petition allowed.

Orders

Respondents to pay Rs. 5,08,082.50 as compensation together with interest at the rate of 9% per annum from the date of claim petition with costs.