Supreme Court of India

Daivshala & Ors. v. Oriental Insurance Company Ltd. & Anr

Neutral citation
Reported as [2025] 7 S.C.R. 1706
Bench Manoj Misra and K.V. Viswanathan JJ.
Decided 28 July 2025

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

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