Topic

compensation for death

5 articlesLatest July 2026
Employees Compensation Act, 1923 | Personal Execution of Work Overrides Tender Arrangement to Establish Employer-Employee Relationship : Kerala HC
Case Law Analysis
|Kerala High Court

Employees Compensation Act, 1923 | Personal Execution of Work Overrides Tender Arrangement to Establish Employer-Employee Relationship : Kerala HC

The Kerala High Court ruled that even when work is awarded via public tender, an individual who personally performs the tasks - such as welding or construction - qualifies as an employee under the Employees Compensation Act, 1923. This clarifies that contractual form cannot override substantive control and hands-on involvement, extending protection to informal workers often excluded by employers through sham contractor arrangements.

Motor Accident Claim | Medical Expert Testimony Mandatory to Establish Causation Between Injury and Subsequent Death : Tripura HC
Case Law Analysis
|Tripura High Court

Motor Accident Claim | Medical Expert Testimony Mandatory to Establish Causation Between Injury and Subsequent Death : Tripura HC

The Tripura High Court has ruled that linking a death to accident-related injuries-such as gangrene progressing to cancer-requires conclusive medical expert testimony. Without it, compensation awards based on speculative causation are unsustainable, setting a new benchmark for evidentiary rigor in personal injury claims involving delayed or complex medical outcomes.

Workmen’s Compensation Act | Employer Liability Established Through Circumstantial Evidence Even Without Formal Employment Records : HP HC
Case Law Analysis
|Himachal Pradesh High Court

Workmen’s Compensation Act | Employer Liability Established Through Circumstantial Evidence Even Without Formal Employment Records : HP HC

The Himachal Pradesh High Court ruled that an employer’s liability under the Workmen’s Compensation Act arises from factual employment, irrespective of formal records. The ESI Act’s bar applies only if the deceased was an insured person, ensuring compensation for dependents even in informal employment scenarios.

Article 21 | State Liable for Unfenced Hazardous Public Installations Under Strict Liability : J&K HC Awards ₹6 Lakh Compensation
Case Law Analysis
|Jammu & Kashmir and Ladakh High Court

Article 21 | State Liable for Unfenced Hazardous Public Installations Under Strict Liability : J&K HC Awards ₹6 Lakh Compensation

J&K High Court holds the State strictly liable for failing to fence a hazardous forebay tank, resulting in the drowning of three children. The ruling reinforces that Article 21 imposes a positive duty on authorities to secure dangerous public infrastructure, entitling victims to compensation even without proven negligence.