AI Overview...
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Employees' Compensation Act (1923) - The Act considers death caused by an accident arising out of and in the course of employment as eligible for compensation. Courts have recognized murder or homicidal acts as valid 'accidents' under the Act, thereby making the dependents eligible for compensation New India Assurance Co. Ltd. VS Amresh - Delhi, Kismat Singh VS Piariya Devi - Delhi.
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Murder as an 'Accident' - Several judgments have held that murder occurring during employment or involving an insured vehicle can be classified as an 'accident' under the Employees’ Compensation Act, entitling the dependents to compensation. This interpretation broadens the scope of what constitutes a compensable accident New India Assurance Co. Ltd. VS Amresh - Delhi, Kismat Singh VS Piariya Devi - Delhi.
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Employer-Employee Relationship - The existence of an employment relationship is crucial for claiming compensation. Courts have examined whether the deceased was engaged in employment at the time of the incident, especially in cases involving vehicle accidents or acts of violence THE BRANCH MANAGER, ORIENTAL INSURANCE COMPANY LIMITED vs MRS. PARVATHI - Karnataka, ICICI Lombard General Insurance VS Sonia - Delhi.
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Liability and Insurance - Insurance companies are liable to pay compensation if the death is deemed an accident within the scope of the policy. However, liability may be contested if the death results from willful misconduct or negligence of the deceased THE BRANCH MANAGER, ORIENTAL INSURANCE COMPANY LIMITED vs MRS. PARVATHI - Karnataka, ICICI Lombard General Insurance VS Sonia - Delhi.
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Specific Cases - In cases where employees were murdered or died due to violent acts during employment, courts have awarded compensation to the dependents, considering such deaths as accidental under the Act. For example, a murder while driving insured vehicle was recognized as an accident, leading to compensation New India Insurance Co. Ltd. VS Kaushilya Bai Wd/o Late Raju Kumar Sahu - Chhattisgarh, New India Assurance Co. Ltd. VS Amresh - Delhi.
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Statutory and Vicarious Liability - Government or police authorities can be held vicariously liable if their employees cause death during official duties, as seen in cases involving police constables or armed personnel Sukla Deb VS Union of India - Gauhati.
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Exclusions - Section 3 of the Employees’ Compensation Act excludes liability if death results from the deceased’s willful misconduct or negligence, emphasizing the importance of establishing the nature of the incident as accidental NATIONAL INSURANCE COMPANY LIMITED vs HALYA DEVI - Himachal Pradesh.
Analysis and Conclusion:
The provided sources collectively establish that under the Employees’ Compensation Act, deaths caused by acts such as murder or violence during employment are recognized as 'accidents,' thereby making the dependents eligible for compensation. The relationship between employer and employee, along with the nature of the incident, is pivotal. Insurance and vicarious liability further influence the obligation to compensate. Courts have consistently upheld the recognition of homicidal acts as compensable accidents, broadening the scope of the Act to include such tragic incidents New India Assurance Co. Ltd. VS Amresh - Delhi, Kismat Singh VS Piariya Devi - Delhi, THE BRANCH MANAGER, ORIENTAL INSURANCE COMPANY LIMITED vs MRS. PARVATHI - Karnataka.
Search Results for "Employees Compensation Act Accused Deceased"
2025 Supreme(Online)(Kar) 19864 • India - Karnataka High Court
UMESH M ADIGA, J
(A) Motor Vehicles Act, 1988 - Section 147 - Insurance liability - Appeal by insurer against the award of compensation - Deceased ... (Paras 11-20) ... ... (B) Employer-Employee Relationship - Noting relationship between the deceased ... Compensation awarded included total of Rs.13,07,500/-. ... The second contention of the insurer is that claimants cannot apply under Section 166 of the MV Act as they are employees of accused No.....
2023 0 Supreme(Chh) 525 • India - Chhattisgarh
NARENDRA KUMAR VYAS
The deceased, an employee, was murdered while driving the insured vehicle. ... Compensation Act. ... The claimants sought compensation under the Employee Compensation Act, contending that the deceased's murder occurred during the ... of Employees Compensation Act will attract with force and the learned Commissioner has rightly recorded its finding about the application of Employees#HL_EN....
• India - Delhi
J.R.MIDHA
The court also held that murder can be considered an accident under the Employees' Compensation Act. ... Employees' Compensation Act - Fatal Accident - Interpretation of 'accident' - Murder as an accident - Validity of driving license ... of 'accident' under the Employees' Compensation Act Ratio Decidendi: The court relied on precedents and established that murder ... Learned counsel for the appellant urged at the time of hearing th....
2014 0 Supreme(Mad) 177 • India - Madras
R.SUBBIAH
ESI Act - Failure to comply with statutory obligations - Section 85(ii) of the Employees State Insurance Act, 1948 - Regulation ... the employees' death. ... 12 & 14 of ESI (General) Regulations Fact of the Case: The petitioners were accused of failing to comply with the statutory ... Further, the 1st petitioner has also disbursed the compensation payment to families of the deceased persons Rs.4,10,000/- each for family expenses. ... 7. ... All the employee....
2008 0 Supreme(Gau) 458 • India - Gauhati
HRISHIKESH ROY
The accused constable was found guilty by the GSF Court for causing the death of the deceased. ... the acts of its armed personnel and is accordingly liable to compensate the petitioners who were dependent on the earnings of the deceased ... Compensation - Vicarious Liability - D.K. Basu vs. State of West Bengal - [Section 55 of D.K. Basu vs. ... Therefore, to fasten the Government with liability for the acts of their employees, who choose to act in his private interest and not in cour....
2003 0 Supreme(HP) 67 • India - Himachal Pradesh
M.R.VERMA
Vehicle Act] - The court upheld the conviction of the accused under Sections 279 and 304-AIPC, emphasizing the evidence of eye witnesses ... The accused then filed a revision petition. ... The accused appealed the conviction, which was dismissed by the Additional Sessions Judge. ... to ensure grant of compensation to the survivors of the deceased under the Motor Vehicle Act. ... It is not in dispute that PW-3, PW-7 and PW-9 are employees of the same ....
2021 0 Supreme(Del) 375 • India - Delhi
J. R. MIDHA
I am, therefore, of the considered view that the enlargement of accused in bail will not be conducive in view of the nature of his ... Liberty of a person accused of an offence would depend upon the exigencies of the case - charge-sheet discloses that petitioner had ... - Section 66-B - Prevention of Corruption Act - Section 8 - Arms Act - Sections 25 (1B)(a) and 25 (1B) (h) - Special powers of High ... If a claimant opts to claim compensation under the Motor Vehicles Act/or any other ....
2018 0 Supreme(Del) 2347 • India - Delhi
J.R.MIDHA
the Employee's Compensation Act, 1923. ... Employee's Compensation Act, 1923. ... The deceased's mother, Piariya Devi, and son, Master Manish, filed a claim for compensation before the Commissioner, Employees' Compensation ... On 17th September, 2004, the deceased Ajay @ Mahavir Mehto was assaulted which resulted in his death. The death of Ajay is an ‘accident’ for the purpose of compensation unde....
2014 0 Supreme(Del) 497 • India - Delhi
VALMIKI J.MEHTA
Employees’ Compensation Act, 1923. ... Employees’ Compensation Act - Relationship of employer and employee, Valid driving licence, Liability of insurance company - Section ... 30 of the Employees’ Compensation Act, 1923 - Summary of Acts and Sections: The court discussed the existence of the relationship ... ... FAO 234/2013 & CM No. 8498/2013(stay) ... 1 This first appeal is filed under Section 30 of the #HL_STAR....
• India - High Court of Himachal Pradesh
TARLOK SINGH CHAUHAN, J
Section 3 of the Employees Compensation Act,1923 reads as under: Section 3 of the Employee’s Compensation Act: Section 3 of the Act ibid, the employer cannot be held liable to compensate for the personal injuries/death of the deceased, which injury/death occurs due to willful disregard to the safety precautions or is the result of his (deceased) own negligence. ... JUDGMENT Since the sole question as to whether under the provisio....
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