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july 2025

Supreme Court of India · 2025-07-29

Daivshala vs The Oriental Insurance Co. Ltd

Court
Supreme Court of India
Petitioner
Daivshala
Respondent
The Oriental Insurance Co. Ltd

Judgment text excerpt

The Supreme Court examined whether a fatal motorcycle accident involving an employee occurred in the course of employment, thereby making the insurance policy applicable under the Employees’ Compensation Act, 1923. The lower courts had awarded compensation to the employee's family, ruling that the accident was related to employment. The Court upheld the award, emphasizing the broad interpretation of 'arising out of or in the course of employment' to include accidents during commute if connected to employment duties. The decision reinforced the employer's and insurer's liability under the insurance policy for accidents occurring during the employee's journey to work.

Daivshala vs The Oriental Insurance Co. Ltd · Niyam