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Labour & Industrial LawSupreme Court of India

T. S. Shylaja v. Oriental Insurance Co. and another

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 51 of 2014)Decided 3 Jan 2014
Civil Appeal No. 51 of 2014
Justice T.S. Thakur · Justice Vikramajit Sen

Background

A mother sought compensation after her son died while driving a vehicle owned by his brother. The compensation Commissioner accepted evidence that he worked as a paid driver and awarded Rs. 4,48,000 with 12% interest. The High Court reversed the award because it doubted the employment relationship.

Decision Breakdown

The Supreme Court allowed the mother's appeal and restored the Commissioner's award. The vehicle owner had testified that his younger brother was a salaried driver, and being relatives did not exclude an employer-employee relationship. An appeal under Section 30 of the Employees' Compensation Act required a substantial question of law, rather than a fresh assessment of ordinary factual issues. The High Court had identified no such question and referred vaguely to documentary evidence without explaining a contradiction. The insurer received three months to deposit compensation and interest if not already paid, after which recovery could be sought before the Commissioner.

Lesson Learnt

Working for a family member can still be paid employment and carry compensation rights. When an appeal is legally limited to substantial questions of law, an award cannot be overturned merely because the appellate court prefers a different reading of the facts.

T. S. Shylaja v. Oriental Insurance Co. and another – Legal Case Shots | LegalAware