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Supreme Court of India 2017-01-06 allowed

Babbu Miyan and Anr vs New India Assurance Co. Ltd. and anr

Bench: 2 — Arun Mishra

In Brief

A cleaner died from electrocution while assisting a truck driver. The truck owner denied employing the deceased; the insurer denied liability. The Workers' Compensation Commissioner, relying on the insurer's own surveyor's report and other evidence, awarded compensation of Rs. 3,74,885 plus interest. The High Court set aside this award, finding insufficient evidence of the employment relationship. The Supreme Court allowed the appeal, holding that the surveyor's report (despite being prepared by the insurer) together with the FIR and other evidence adequately established employment and that the death occurred during work. The Commissioner's award was restored."

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