ORIENTAL INSURANCE CO. LTD. vs SORUMAL GOGOI .

The Supreme Court held that under Section 108 of the Indian Evidence Act, a presumption of death can be made when a person has not been heard from for seven years. The Court affirmed the Commissioner of Workmen Compensation's decision to award compensation to the parents of Bipul Gogoi, presuming his death due to his untraceable status since 1996 while on duty as a driver. The Court ruled that the absence of evidence proving his survival warranted the compensation under the Workmen Compensation Act, 1923.