Oriental Insurance Company Ltd vs Sorumai Gogoi & Ors

The Supreme Court addressed the applicability of Section 108 of the Indian Evidence Act in the context of the Workmen Compensation Act, 1923, determining that a presumption of death can be established when an individual has not been seen for an extended period. The Court upheld the decision of the Commissioner of Workmen Compensation, which awarded compensation based on the presumption that Bipul Gogoi, a driver who went missing while on duty, was deceased. The Court confirmed that the evidence presented justified the presumption of death, thereby affirming the entitlement to compensation under the Act.