Supreme Court · 2025 INSC 904 · Decided 28 July 2025
Daivshala & ORS. v. Oriental Insurance Company LTD. & Anr
- Court
- Supreme Court of India
- Citation
- 2025 INSC 904 · [2025] 7 S.C.R. 1706
- Case number
- CIVIL APPEAL No. 6986/2015
- Decided
- 28 July 2025
- Bench
- MANOJ MISRA, K.V. VISWANATHAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
Headnote
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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