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april 2007

Supreme Court of India · 2007-04-02

ORIENTAL INSURANCE CO. LTD. vs MEENA VARIYAL .

Citation / case number
SC 2005/3233
Court
Supreme Court of India
Petitioner
ORIENTAL INSURANCE CO. LTD.
Respondent
MEENA VARIYAL .
Author
P.K. BALASUBRAMANYAN
Bench
P.K. BALASUBRAMANYAN C.K. THAKKER

Judgment text excerpt

The Supreme Court held that under Section 166 of the Motor Vehicles Act, 1988, the dependants of a deceased employee are entitled to claim compensation for an accident occurring during the course of employment. The court found that the vehicle was being used for the employer's benefit at the time of the accident, and thus the insurance company was liable to pay compensation despite the driver not being impleaded. The court emphasized that the negligence of the deceased did not bar the claim for compensation, leading to the upholding of the claim for compensation by the dependants.

ORIENTAL INSURANCE CO. LTD. vs MEENA VARIYAL . · Niyam