MANJU SARKAR Vs. MABISH MIAH
LAWS(SC)-2014-6-15
SUPREME COURT OF INDIA (FROM: GAUHATI)
Decided on
June 30,2014
Manju Sarkar
Appellant
VERSUS
Mabish Miah
Respondents
Referred Judgements :-
GENERAL MANAGER B E S T UNDERTAKING BOMBAY VS. AGNES [REFERRED TO]NEW INDIA ASSURANCE CO LTD VS. HARSHAD BHAI AMRUTBHAI MODHIRA [REFERRED TO]
Cited Judgements :-
N.L. PUNYAMURTHY VS. MEENAKASHMMA [LAWS(KAR)-2021-8-119] [REFERRED TO]ANISHABIBI HARUN DILAWAR PIJARI VS. SNEHAL ARVINDLAL SHAH [LAWS(GJH)-2019-2-155] [REFERRED TO]
M/S SSANGYONG ENGINEERING AND CONSTRUCTION CO LTD. VS. NATIONAL HIGHWAYS AUTHORITY OF INDIA [LAWS(DLH)-2017-4-40] [REFERRED TO]
NATIONAL INSURANCE COMPANY LIMITED VS. HIMA DEVI AND ORS. [LAWS(HPH)-2016-2-16] [REFERRED TO]
ORIENTAL INSURANCE CO.LTD. VS. RADHAKRISHNAN [LAWS(KER)-2024-4-20] [REFERRED TO]
SANTOSHI BAI VS. C.G. STATE FOREST DEVELOPMENT CORPORATION LIMITED INDUSTRIAL PLANTATION DIVISION [LAWS(CHH)-2023-11-94] [REFERRED TO]
NEW INDIA ASSURANCE CO. LTD VS. VUJAY BAPU KAMBLE [LAWS(BOM)-2021-2-315] [REFERRED TO]
ORIENTAL INSURANCE CO. LTD. VS. NISHA DEVI AND ORS. [LAWS(HPH)-2015-8-71] [REFERRED TO]
NATIONAL INSURANCE COMPANY LTD. VS. TRIPTA DEVI AND ORS. [LAWS(HPH)-2015-8-80] [REFERRED TO]
SHRIRAM GENERAL INSURANCE COMPANY LIMITED VS. LEELA VATI AND ORS. [LAWS(HPH)-2015-7-96] [REFERRED TO]
MAHENDRA SINGH TULSHI SINGH AND ORS. VS. GURPREET SINGH GURUDEV SINGH AND ORS. [LAWS(BOM)-2018-12-270] [REFERRED TO]
POONAM DEVI VS. ORIENTAL INSURANCE CO. LTD. [LAWS(SC)-2020-3-52] [REFERRED TO]
ROOP LAL AND OTHERS VS. AJAY RAJ AND OTHERS [LAWS(HPH)-2015-8-107] [REFERRED]
NATIONAL INSURANCE COMPANY LIMITED VS. SMT. DHANI DEVI AND OTHERS [LAWS(HPH)-2016-8-9] [REFERRED TO]
GUDDI DEVI AND ORS. VS. NANKHARI TEHSIL CO-OP. M AND C UNION AND ORS. [LAWS(HPH)-2017-10-3] [REFERRED TO]
NEW INDIA ASSURANCE COMPANY LTD. VS. MINAXI [LAWS(KAR)-2023-7-31] [REFERRED TO]
ORIENTAL INSURANCE COMPANY LIMITED VS. MOHD. ANWAR [LAWS(DLH)-2017-8-99] [REFERRED TO]
UNITED INDIA INSURANCE COMPANY LIMITED VS. RAJSHI SHIDA KARMUR [LAWS(GJH)-2023-7-1334] [REFERRED TO]
NATIONAL INSURANCE CO LTD VS. K VENKATA NARASAMMA AND 3 OTHERS [LAWS(APH)-2018-4-13] [REFERRED TO]
AJNI CENTRAL RAILWAY VS. LAXMI [LAWS(BOM)-2023-4-242] [REFERRED TO]
MR. JILESINGH SARDAR SINGH VS. VIKAS CARRIERS PVT. LTD. [LAWS(BOM)-2017-4-139] [REFERRED TO]
OFFICER IN CHARGE MALARIYA RESEARCH CENTRE VS. SUSHILABEN WD/O HARIBHADUR RAMBAHADUR GURKHA [LAWS(GJH)-2019-2-107] [REFERRED TO]
JOTHI VS. K. P. SARASWATHI [LAWS(MAD)-2021-2-30] [REFERRED TO]
NEW INDIA ASSURANCE COMPANY LIMITED VS. SEEMA [LAWS(BOM)-2022-3-292] [REFERRED TO]
MANAGER, NATIONAL INSURANCE CO LTD , BEHIND RUPAVANI THEATRE, LAKSHMI BAZAAR, CHITRADURGA VS. RENUKA S/O ONKARAPPA [LAWS(KAR)-2018-9-27] [REFERRED TO]
SENIOR DIVISIONAL MANAGER VS. SURESH KUMAR BEHERA & ANOTHER [LAWS(ORI)-2019-2-12] [REFERRED TO]
LEELA BAI AND ANOTHER VS. SEEMA CHOUHAN AND ANOTHER [LAWS(SC)-2019-1-50] [REFERRED TO]
JUDGEMENT
-
(1.)Leave granted.
(2.)This appeal is directed against the judgment and order dated 16.3.2009 passed by the Guwahati High Court, Agartala Bench, in MFC (W.C.) 03 of 2009 dismissing the appeal of the appellants herein against the order dated 12.12.2008 of the Commissioner for Workmen's Compensation West Tripura, Agartala, whereby the appellants were denied compensation for the demise of employee Sajal Sarkar.
(3.)The facts in brief are stated as follows: Respondents 1 and 2 are the joint owners of the truck vehicle bearing Registration No.TR 01-B-1689 and they had taken policy of insurance for the said truck with respondent No.3. Sajal Sarkar, the husband of the appellant No.1 was driver of the said truck vehicle under the employment of respondents Nos.1 and 2 on 14.5.2005 and he drove the truck and reached Dharmanagar from Agartala and at that time he noticed some mechanical trouble in the truck and he got down to make arrangement for repair of the vehicle but on the intervening night of 14/15-5-2005 at about 1.00 - 1.30 a.m. he met with a road accident and sustained grievous injuries in Assam Agartala road in between S.T. Para and Kherengjuri under Churaibari Police Station limit and he was taken to Dharmanagar hospital where he succumbed to the injuries in the early hours on 15.5.2005. The helper of the truck Bikram Deb who was waiting in the truck, went in search of Sajal Sarkar in the morning on 15.5.2005 and after coming to know of the accident, he went to hospital and confirmed the death of driver Sajal Sarkar and thereafter went to Churaibari Police Station and gave a complaint on which a case under FIR No.28/05 for the alleged offences under Section 279 and 304 (A) IPC was registered. The appellant No.1 the widow along with appellant No.2, her minor daughter and appellant No.3, the mother-in-law, filed a suit under the Workmen's Compensation Act, 1923 in T.S. W.C. 39 of 2005 before the Commissioner, Workmen's Compensation, West Tripura at Agartala contending that Sajal Sarkar met with a road accident in the course of his employment under respondent Nos.1 and 2 resulting in his death and the respondents were liable to pay compensation of Rs. 7 lakhs along with interest as per the provisions of the Act. The Commissioner dismissed the suit on contest. The appellants challenged the same by filing appeal in MFA(WC) 03 of 2009 and the High Court dismissed the appeal. Aggrieved by the same the appellants have preferred the present appeal.
(2.)This appeal is directed against the judgment and order dated 16.3.2009 passed by the Guwahati High Court, Agartala Bench, in MFC (W.C.) 03 of 2009 dismissing the appeal of the appellants herein against the order dated 12.12.2008 of the Commissioner for Workmen's Compensation West Tripura, Agartala, whereby the appellants were denied compensation for the demise of employee Sajal Sarkar.
(3.)The facts in brief are stated as follows: Respondents 1 and 2 are the joint owners of the truck vehicle bearing Registration No.TR 01-B-1689 and they had taken policy of insurance for the said truck with respondent No.3. Sajal Sarkar, the husband of the appellant No.1 was driver of the said truck vehicle under the employment of respondents Nos.1 and 2 on 14.5.2005 and he drove the truck and reached Dharmanagar from Agartala and at that time he noticed some mechanical trouble in the truck and he got down to make arrangement for repair of the vehicle but on the intervening night of 14/15-5-2005 at about 1.00 - 1.30 a.m. he met with a road accident and sustained grievous injuries in Assam Agartala road in between S.T. Para and Kherengjuri under Churaibari Police Station limit and he was taken to Dharmanagar hospital where he succumbed to the injuries in the early hours on 15.5.2005. The helper of the truck Bikram Deb who was waiting in the truck, went in search of Sajal Sarkar in the morning on 15.5.2005 and after coming to know of the accident, he went to hospital and confirmed the death of driver Sajal Sarkar and thereafter went to Churaibari Police Station and gave a complaint on which a case under FIR No.28/05 for the alleged offences under Section 279 and 304 (A) IPC was registered. The appellant No.1 the widow along with appellant No.2, her minor daughter and appellant No.3, the mother-in-law, filed a suit under the Workmen's Compensation Act, 1923 in T.S. W.C. 39 of 2005 before the Commissioner, Workmen's Compensation, West Tripura at Agartala contending that Sajal Sarkar met with a road accident in the course of his employment under respondent Nos.1 and 2 resulting in his death and the respondents were liable to pay compensation of Rs. 7 lakhs along with interest as per the provisions of the Act. The Commissioner dismissed the suit on contest. The appellants challenged the same by filing appeal in MFA(WC) 03 of 2009 and the High Court dismissed the appeal. Aggrieved by the same the appellants have preferred the present appeal.
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