VidhiSangh

Supreme Court of India · 14/07/2017

FIRDAUS versus ORIENTAL INSURANCE CO. LTD. & ORS.

[2017] 6 S.C.R. 462 · 2017 INSC 617

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Summary

The insurer’s compensation liability for the deceased driver continued whether the insured registered owner had retained the vehicle or transferred it to the alleged employer. The Court held the High Court’s remand unnecessary and restored the Workmen Compensation Commissioner’s award with interest.

Issues

  1. Whether the alleged transfer and disputed identity of the driver’s employer required remand before fixing the insurer’s liability.

Provisions considered

Held

Result

Appeal allowed; High Court remand set aside and award of Rs.4,27,148 with 12% annual interest from the accident date restored. Commissioner directed to ensure payment.

Judgment PDF: Supreme Court of India, [2017] 6 S.C.R. 462.