VidhiSangh

Supreme Court of India · 15/04/2020

SUSHILABEN INDRAVADAN GANDHI & ANR. versus THE NEW INDIA ASSURANCE COMPANY LIMITED & ORS.

[2020] 9 S.C.R. 32 · 2020 INSC 336

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Summary

The Supreme Court restored the motor accident compensation award against the insurer, driver and hospital jointly and severally. Weighing the surgeon’s contractual terms as a whole, it held that he was an independent professional under a contract for services. The policy exclusion for death arising in the course of employment did not cover him. No single test universally distinguishes employment from independent service; all relevant circumstances and the legal context must be assessed.

Issues

  1. How a contract of service is distinguished from a contract for services.
  2. Whether the deceased surgeon fell within the policy’s employment exclusion and whether unpaid premium for IMT-16 restricted liability.

Provisions considered

Held

Result

Appeal allowed; High Court judgment set aside and Tribunal award of Rs 37,63,100 with 8% annual interest, payable jointly and severally by the respondents, restored.

Judgment PDF: Supreme Court of India, [2020] 9 S.C.R. 32.