Legal Reference Library

Death or injury resulting from negligence of a worker in the course of employment is no reason to deny compensation under the Employees Compensation Act, the Supreme Court asserted in the case, Jaya Biswal vs IFFCO Tokio General Insurance. Negligence is a factor under the Motor Vehicles Act, but not relevant in the Employees Compensation Act. In this case, a young truck driver died in an accident. His dependants approached the Commissioner of Compensation. He awarded Rs 10.75 lakh. The insurance company appealed to the Odisha high court. It reduced the compensation by half, "in the interest of justice". The parents appealed to the Supreme Court. It castigated the high court for reducing the amount by merely claiming that it was in the interest of justice. The apex court awarded Rs 11 lakh with 12 per cent interest. Moreover, the court stated that "in light of the unnecessary litigation and hardship of the dependants in spending on litigation to get the compensation we de...

1) Jyothi Ademma vs. Plant Engineer, Nellore & Another 2) A. Trehan vs. Associated Electrical Agencies and Another 3) Regional Director, ESI Corporation vs. Francis De Costa 4) P. Asokan vs. Western Indian Plywoods Ltd., Cannanore 5) Bharagath Engineering vs. R. Ranganayaki and Another 6) National Insurance Company Ltd. vs. Hamida Khatoon and Others IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.8155 OF 2014 Dhropadabai and Others Appellant(s) Versus M/s. Technocraft Toolings Respondent(s) The labour Court framed two principalcssues, namely, whether the accident had occurred during course of employment of the deceased-employee, and whether the legal heirs were entitled for grant of compensation amounting to Rs.3 lacs along with 50% penalty and interest at the rate of 18% per annum on the total amount of compensation from the date of accident till realization of compensation amount as per law. once an emp...