Supreme Court · 2008 INSC 189 · Decided 14 February 2008
The Oriental Insurance Company LTD. v. Sorumai Gogoi and ORS.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 189 · [2008] 2 S.C.R. 877
- Case number
- CIVIL APPEAL No. 1269/2008
- Decided
- 14 February 2008
- Bench
- S.B. SINHA, V.S. SIRPURKAR (2-judge bench)
- Outcome
- Case Allowed
- Case type
- Civil
- Acts & sections cited
- Evidence Act Section 108, 109; Motor Vehicles Act Section 147
Headnote
Workmen Compensation Act, 1923 - s. 3 - Compensation - For death of a driver in the course of employment - Driver missing with the vehicle - Criminal case c registered against him for absconding with the vehicle - Not · traced for seven years - Parents claiming for his death - Authority concerned granting award raising presumption of his death u/s 108 of Evidence . Act - High Court confirming the award - On appeal, 1held: D Award set aside - Occurrence of death during course of employment not proved - Presumption uls 108 was not invokable in view of the
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