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Civil · Reportable judgment

Case Details Fulmati Dhramdev Yadav & Anr. vs New India Assurance Co. Ltd. & Anr.

Court
Supreme Court of India
Date
4 September 2023
Case No.
Civil Appeal No. 4713 of 2023
Result
Allowed
Bench
Abhay S. Oka, Sanjay Karol
Citation
[2023] 14 S.C.R. 374 : 2023 INSC 790
Supreme Court Reports [2023] 14 S.C.R. 374 : 2023 INSC 790
Issue for consideration
The order of the High Court setting aside the order of the Commissioner awarding compensation in favour of legal representatives of the deceased employee.
Headnote

Employee's Compensation Act, 1923 – Victim died as he was tying up logs on trailer – The Commissioner directed insurer to pay compensation of ₹3,94,120/- and the employer was directed to pay ₹1,97,060/-, i.e., 50% of the compensation amount as penalty – High Court set aside the order of the Commissioner – Propriety: Held: A bare perusal of the impugned judgment shows that the High Court did not frame any substantial question of law – The wording of the Act indicates that the existence of such a question is a prerequisite to the appeal being entertained – The difference, between the two judgments, i.e., the order of the Commissioner and the judgment in First Appeal, was on the point of the employer-employee relationship having been established – The Commissioner held such relationship to have been established however, the appeal Court observed that “claimants have clearly failed to prove this aspect” – The Commissioner had not returned any findings in respect of the validity of non-availability of the license of the deceased nor was it one of the questions framed by the Commissioner for consideration – In such a situation, while exercising powers within the limited purview allowed by section 30 of the Act, the Court below erred in making observations – It is settled that Commissioner is the last authority on facts involved in a case – The circumstances, i.e., the presence of the deceased at the spot; the ownership of the trolley and the goods loaded therein; the presence of this supervisor of the employer company; and details mentioned in the inquest panchnama form, when considered together, point to the aspect of the deceased person being on the roll of the employer – Keeping with the principles of the legislation being intended for social welfare and protection of employees; the Commissioner being the last authority on facts; the scope of an appeal under the said Act being limited only to substantial questions of law; and no perversity could be demonstrated from the order of the Commissioner. [Paras 18, 19, 21, 22, 29, 32]

Employee's Compensation Act, 1923 – s.30 – An appeal from an order Commissioner – To be entertained if there exists a substantial question of law:

Read the full headnote (8 more paragraphs)

Held: The Act is unequivocal in stating that an appeal from an order of Commissioner can be entertained only if there exists a substantial question of law to be considered – It has been observed by the Supreme Court that the phrase “substantial question of law” within this Act shall be understood by its general meaning – When considering the general meaning of this phrase, naturally, the reference is to the Code of Civil Procedure – The rule therein is that framing of a substantial question of law is of cardinal importance. [Para 17]

LIST OF CITATIONS AND OTHER REFERENCES

North – East Karnataka Road Transport Corporation v. Sujatha (2019)

11 SCC 514 : [2018] 13 SCR 1043; C. Manjamma v. New India Assurance Co. Ltd. (2022) 6 SCC 206; K. Sivaraman v. P. Sathishkumar (2020) 4 SCC

594 : [2020] 4 SCR 480 – relied on.

Om Prakash Batish v. Ranjit (2008) 12 SCC 212 : [2008] 6 SCR 938; Golla Rajamma & Ors. v. Divisional Manager & Anr. (2017) 1 SCC 45 : [2016] 9 SCR 469 – referred to.

OTHER CASE DETAILS INCLUDING IMPUGNED

ORDER AND APPEARANCES

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

JUDGMENT / ORDER OF THE SUPREME COURT JUDGMENT SANJAY KAROL J., 1. This appeal is filed at the instance of one Fulmati Dhramdev Yadav, assailing the judgement passed by the High Court of Gujarat at Ahmedabad in First Appeal No.3487 of 2013 whereby the Court has set aside the order of the Commissioner for Workmen Compensation Act, Bhuj (Kutch), Gujarat in W.C.F.C. No.08/10 awarding compensation in favour of legal representatives of the deceased employee. 2. Appellants herein1 are the mother and wife of one Ramakant Yadav2 who allegedly died on 31st October, 2009 as he was tying up logs on t
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