VidhiSangh

Supreme Court of India · 19/05/2023

MAMTA DEVI & ORS. versus THE RELIANCE GENERAL INSURANCE COMPANY LIMITED & ANR

[2023] 10 S.C.R. 1133 · 2023 INSC 566

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Summary

The Court restored jurisdiction of the Deputy Labour Commissioner over a compensation claim that was not actually contested after written statements were filed. Accepting the employer’s admission and the widow’s unchallenged wage evidence, it increased compensation to Rs 6,64,110 with 12 per cent interest from one month after the accident, crediting amounts already paid or deposited.

Issues

  1. Whether filing a written statement alone made this a contested claim reserved to the Labour Court under the State notification.
  2. Whether admitted monthly wages of Rs 6,000 should determine compensation and what interest was payable.

Provisions considered

Held

Result

Appeal partly allowed; High Court judgment set aside. Compensation enhanced to Rs 6,64,110 plus twelve per cent annual interest from one month after the accident until payment, crediting amounts paid or deposited. Insurer to deposit the balance before the Commissioner at Gaya within six weeks of receipt of the order. Costs made easy.

Judgment PDF: Supreme Court of India, [2023] 10 S.C.R. 1133.