VidhiSangh

Supreme Court of India · 04/09/2023

FULMATI DHRAMDEV YADAV & ANR. versus NEW INDIA ASSURANCE CO. LTD. & ANR.

[2023] 14 S.C.R. 374 · 2023 INSC 790

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court restored a Commissioner’s award of employee-death compensation after the High Court reappraised facts without framing a substantial question of law or identifying perversity. The cumulative evidence supported the finding of employment. The remaining amount held in fixed deposits was ordered payable to the claimants forthwith under the award’s terms.

Issues

  1. Whether the High Court exceeded the limited appellate jurisdiction under Section 30.
  2. Whether the Commissioner’s finding of an employment relationship was perverse or a possible view supported by the record.

Provisions considered

Held

Result

Appeal allowed and Commissioner’s award restored. Remaining 80% of the deposited award, held in cumulative fixed deposits, payable forthwith to claimants under its terms. Parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2023] 14 S.C.R. 374.