Authority: Supreme Court of India, Civil Appellate Jurisdiction
Order Date: 16 September 2026
Case Overview
- Parties: Appellants – Smt. Manika Paul & others (family of the deceased driver Suman Paul); Respondents – The New India Assurance Co. Ltd. & others.
- The dispute concerned compensation under the Workmen’s Compensation Act, 1923 for the death of Suman Paul, a driver employed by Babul Dey, whose vehicle was insured by the Respondent insurer.
- The Commissioner, Workmen’s Compensation, West Tripura awarded Rs.322,855 with interest on 31 May 2007; the High Court of Tripura set aside that award on 5 February 2015, holding the death was not in the course of employment.
- The appellants appealed to the Supreme Court, arguing that the Commissioner’s finding was based on legitimate inference and that the High Court erred in rejecting the notional‑extension doctrine.
- The Respondent insurer supported the High Court judgment, maintaining that the deceased’s employment ended when he parked the car at 9:30 p.m. and handed over the keys.
- An interim application (I.A. No. 32034 of 2022) sought deletion of appellant No. 3, Shri Suresh Paul, who had died on 2 Nov 2020; the application was allowed.
Final Outcome
- The Supreme Court dismissed the appeal, upheld the High Court’s decision, and confirmed that the compensation award of Rs.322,855 with interest remains set aside.
- No amount paid or withdrawn under the 31 May 2007 award shall be recovered from the appellants.
- I.A. No. 32034 of 2022 was allowed, deleting appellant No. 3 from the parties.
- The interim order dated 03 July 2015 was vacated.
- No order as to costs; any pending applications stand disposed of.
Topics: Workmen Compensation, Insurance Law