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june 2014

Supreme Court of India · 2014-06-30

Manju Sarkar & Anr vs Mabish Miah & Ors

Citation / case number
AIRONLINE 2014 SC 69
Court
Supreme Court of India
Petitioner
Manju Sarkar & Anr
Respondent
Mabish Miah & Ors
Author
C. Nagappan
Bench
C. Nagappan, T.S. Thakur

Judgment text excerpt

The Supreme Court upheld the dismissal of the appellants' claim for compensation under the Workmen’s Compensation Act, 1923, stating that Sajal Sarkar's death did not occur in the course of his employment. The Court emphasized the principle of notional extension, clarifying that the circumstances of the accident, occurring after the driver left the truck for personal reasons, did not qualify for compensation under Section 3 of the Act. The Court affirmed the lower courts' findings that the appellants failed to establish the necessary connection between the accident and the employment.

Manju Sarkar & Anr vs Mabish Miah & Ors · Niyam