Judgment briefs
Supreme Court of India

Daivshala & Ors. v. Oriental Insurance Company Ltd. & Anr

The primary question that arises for consideration in this case is whether the accident which caused the death of the deceased could…

Allowed
Court
Supreme Court of India
Decided
28 Jul 2025
Citation
[2025] 7 S.C.R. 1706
Case no.
CIVIL APPEAL No. 6986/2015
Bench
Manoj Misra, K.v. Viswanathan

Issue for consideration

The primary question that arises for consideration in this case is whether the accident which caused the death of the deceased could be said to have arisen out of and in the course of employment. Also, certain incidental questions also arise for consideration: (i) Does State Insurance Act, 1948 (ESI Act) have retrospective effect so as to cover an accident that has taken place on 22.04.2003 when the Section was enacted on 01.06.2010; (ii) Assuming Section 51E of the ESI Act applies, would the said interpretation enure to the benefit of the appellants

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