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Supreme Court of India 2023-07-04 dismissed

Shantabai Ananda Jagtap & Anr vs Jayram Ganpati Jagtap & Anr

Bench: 2 — Abhay S. Oka, Rajesh Bindal

In Brief

A widow and heirs of a man killed in a 1993 road accident sought workers' compensation from the jeep owner (allegedly their employer) from 1923 onwards, but filed their application with the Commissioner over 9 years later in 2004, after failing to recover compensation from the vehicle insurer under motor accident law. The Supreme Court dismissed their appeal, finding that the employer-employee relationship was inadequately proved (they were relatives with a common ration card, and no independent employment records existed), and that no sufficient cause justified the 9-year delay, especially since the applicants had deliberately withheld the claim against the alleged employer during earlier proceedings.

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Labour and Employment Workers' Compensation Motor Vehicles Delay and Condonation Employer-Employee Relationship

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