Oriental Insurance Co. Ltd. Vs. Khajuni Devi and ors. - Court Judgment |
| Labour and Industrial |
| Supreme Court of India |
| Nov-02-2000 |
| Civil Appeals No. 6497 of 1998 with No. 3205 of 1999 |
| U.C. Banerjee and; K.G. Balakrishnan, JJ. |
| (2003)IIILLJ566SC; (2006)4MLJ948(SC); (2002)10SCC567 |
| Workmen's Compensation Act, 1923 — Sections. 3, 4, 4-A |
| Oriental Insurance Co. Ltd. |
| Khajuni Devi and ors. |
| Appeal Allowed |
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[ u.c. banerjee and; k.g. balakrishnan, jj.] - labour law — workmen's compensation act, 1923 — sections. 3, 4 and 4-a — relevant date for determining the rights and liabilities of the parties concerned -- in that view of the matter the law as declared in valsala case1 should be made applicable in the present case. the appeals are, therefore, allowed.u.c. banerjee and; k.g. balakrishnan, jj.1. in spite of service of notice no one appears for the respondents. be that as it may, upon hearing the learned counsel for the appellant, we find that the law in regard to the relevant date for determining the rights and liabilities under the workmen's compensation act has been settled by a three-judge bench of this court in kerala seb v. valsala k.1 in valsala case1 the decision of the two-judge bench in new india assurance co. ltd. v. v.k. neelakandan2 (cas nos. 16904-09 of 1996, decided on 6-11-1996) stands overruled and the instant judgment under appeal having been on specific reliance on an overruled judgment, we do find some force in the submission of the learned advocate that valsala case1 has its application in all force in the contextual facts. in that view of the matter the law as declared in valsala case1 should be made applicable in the present case. the appeals are, therefore, allowed. the order of the high court stands set aside. no order as to costs.
U.C. Banerjee and; K.G. Balakrishnan, JJ.
1. In spite of service of notice no one appears for the respondents. Be that as it may, upon hearing the learned counsel for the appellant, we find that the law in regard to the relevant date for determining the rights and liabilities under the Workmen's Compensation Act has been settled by a three-Judge Bench of this Court in Kerala SEB v. Valsala K.1 In Valsala case1 the decision of the two-Judge Bench in New India Assurance Co. Ltd. v. V.K. Neelakandan2 (CAs Nos. 16904-09 of 1996, decided on 6-11-1996) stands overruled and the instant judgment under appeal having been on specific reliance on an overruled judgment, we do find some force in the submission of the learned advocate that Valsala case1 has its application in all force in the contextual facts. In that view of the matter the law as declared in Valsala case1 should be made applicable in the present case. The appeals are, therefore, allowed. The order of the High Court stands set aside. No order as to costs.