When Can an Appellate Court Overturn a Workmen’s Compensation Award Based on Factual Findings?

 

Summary

Category Data
Court Supreme Court of India
Case Number C.A. No.-000049-000049 – 2026
Diary Number 47155/2023
Judge Name HON’BLE MR. JUSTICE VIKRAM NATH
Bench HON’BLE MR. JUSTICE VIKRAM NATH; HON’BLE MR. JUSTICE SANDEEP MEHTA
Precedent Value Binding
Overrules / Affirms
  • Overrules High Court’s order dated 22.03.2022 in CMA No. 98/2010
  • Affirms Commissioner’s award dated 30.04.2009
Type of Law Workmen’s Compensation Act, 1923
Questions of Law Whether the High Court erred in setting aside the Commissioner’s finding of an employer-employee relationship and the compensation award absent perversity
Ratio Decidendi

The Supreme Court held that a fact-finding body’s conclusion grounded on both documentary evidence and oral admissions is not open to appellate interference except where the finding is perverse.

The Commissioner’s conclusion that the deceased was employed as a driver prior to and at the time of the accident was supported by the vehicle owner’s testimony and later affidavit admissions.

The High Court’s reliance on the owner’s initial denial was held to be an erroneous basis for upsetting the award.

Appellate courts must respect factual findings unless they suffer from a legal infirmity or perversity.

Logic / Jurisprudence
  • Appellate review of fact is limited to perversity
  • Oral admissions in affidavits carry decisive weight
  • Initial denials to avoid liability cannot underpin appellate interference
Facts as Summarised by the Court
  • Deceased was employed as a driver on ₹3,500/month and ₹50/day batta
  • Fatal accident occurred on 10.09.2004 during the course of employment
  • Commissioner awarded compensation of ₹3,73,747 with 12% interest
  • High Court set aside the award relying on an initial denial of employment
  • Supreme Court restored the award after respondent’s post-warrant affidavit admitted employment

Practical Impact

Category Impact
Overrules High Court’s order dated 22.03.2022 in CMA No. 98/2010

What’s New / What Lawyers Should Note

  • Appellate interference under Section 482 CrPC or similar provisions is confined to cases where the fact-finder’s conclusion is perverse.
  • Oral admissions—even post-warrant—can conclusively establish an employment relationship.
  • Denials in early pleadings to evade civil liability cannot sustain an appeal against a compensation award.
  • Restoration of a compensation award underscores the primacy of the Commissioner’s fact-based findings.

Summary of Legal Reasoning

  1. The High Court’s acceptance of the vehicle owner’s initial counter-affidavit denial was held to be erroneous in light of subsequent admissions.
  2. The Commissioner’s finding of employment was based on documentary proof and the owner’s evidence confirming that the deceased was in his service when the accident occurred.
  3. The principle that appellate courts may not upset fact-based findings absent perversity was applied to reject the High Court’s interference.
  4. Non-appearance and issuance of warrants led to an unequivocal affidavit admission by the owner, solidifying the employer-employee relationship.
  5. In consequence, the original compensation award was restored.

Factual Background

On 10 September 2004, a driver employed on a monthly salary of ₹3,500 (plus daily batta) was killed in a vehicular collision during the course of his employment. The legal representative filed a claim under the Workmen’s Compensation Act, 1923. The Commissioner found that an employer-employee relationship existed and awarded ₹3,73,747 with 12% interest. The High Court set aside this award based on an initial denial by the vehicle owner. The Supreme Court restored the award after the owner admitted employment in a subsequent affidavit.

Alert Indicators

  • ✔ Precedent Followed

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