Supreme Court of India
Daivshala & Ors. v. Oriental Insurance Company Ltd. & Anr
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
In view of the above, considering that the deceased was a night watchman and was dutifully proceeding to his workplace to be well on time, there was a clear nexus between the circumstances, time and place in which the accident occurred and his employment as watchman.
Judgment, page 30
From the headnote
Issue for Consideration The primary question that arises for consideration in this case is whether the accident which caused the death of the deceased could be said to have arisen out of and in the course of employment. Also, certain incidental questions also arise for consideration: (i) Does s.51E of the Employees’ State Insurance Act, 1948 (ESI Act) have retrospective effect so as to cover an accident that has taken place on 22.04.2003 when the Section was enacted on 01.06.2010; (ii) Assuming Section 51E of the ESI Act applies, would the said interpretation enure to the benefit of the
Authorities it was built on
- 2018 State Bank of India v. V. Ramakrishnan & Anr.
- 2009 Bombay Anand Bhavan Restaurant v. The Deputy Director, Esi Corporation and Anr.
- 1957 The State of Madras v. A. Vaidyanatha Iyer
- 1996 The Regional Director, E.S.I. Corporation and Anr. v. Francis De Costa and Anr.
- 1969 Mackinnon Mackenzie & Co. Pvt. Ltd. v. Ibrahim Mahommed Issak
- 1963 General Manager, B. E. S. T. Undertaking, Bombay v. Mrs. Agnes
- 1997 The Commissioner of Income-tax Bombay Etc v. M/s Podar Cement Pvt.ltd.
- 2016 Jaya Biswal & Ors. v. Branch Manager, Iffco Tokio General Insurance
- 2000 M/s. K. Govindan and Sons v. Commissioner of Income-tax, Cochin
- 1968 State of Assam and Another v. Deva Prasad Barua & Another
- 1969 Hira H. Advani Etc. v. State of Maharashtra
Sign in free to read it
- The full judgment, page by page, as published in the Supreme Court Reports
- The ratio: what the Court held, verbatim, with the page it sits on
- Every bench that relied on it, and every bench that argued against it
- Search every reported judgment, by party, citation or question
- Download the PDF, copy pinpoint citations ready for a filing
An email address, no password.