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february 2009

Supreme Court of India · 2009-02-12

MALLIKARJUNA G. HIREMATH vs BRANCH MGR.,ORIENTAL INSURANCE CO.L.&ORS

Citation / case number
SC 2005/24534
Court
Supreme Court of India
Petitioner
MALLIKARJUNA G. HIREMATH
Respondent
BRANCH MGR.,ORIENTAL INSURANCE CO.L.&ORS
Author
ARIJIT PASAYAT
Bench
ARIJIT PASAYAT,ASOK KUMAR GANGULY, , ,

Judgment text excerpt

The Supreme Court held that under Section 30(1) of the Workmen Compensation Act, 1923, the insurer is not liable for compensation if there is no causal connection between the accident causing death and the vehicle insured. The Court found that the deceased's drowning while bathing was not an accident arising out of and in the course of employment, as established by the High Court's findings. Consequently, the appeal was allowed, reversing the High Court's decision that had exonerated the insurer and directed recovery from the appellant.

MALLIKARJUNA G. HIREMATH vs BRANCH MGR.,ORIENTAL INSURANCE CO.L.&ORS · Niyam