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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

On 28 August 2006, Ubed, a cleaner working on a Tata truck, died from electrocution while assisting the truck driver during unloading at Rampur. His dependents claimed compensation under the Workmen's Compensation Act. The truck owner denied employing Ubed; however, the insurance surveyor's report confirmed his employment at Rs 4,000 monthly salary. The Commissioner awarded Rs 3,74,885 plus interest and funeral costs. The High Court set aside this award for lack of satisfactory findings on employment. The Supreme Court reversed the High Court, holding that the surveyor's report (appointed by the insurer) and other evidence firmly established the employment relationship at the time of death, entitling the dependents to compensation.

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Workmen's Compensation Labour Law Employment Insurance Tort

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