Murder Of Employee Doesn't Disentitle Legal Heirs From Claiming Compensation Under Employees’ Compensation Act: Delhi High Court

“…the finding by the Commissioner that murder of an employee during the course of performance of his duties would not bring the case within the ambit of Section 2(1)(n) of the E.C. Act, is flawed. For which reliance can be placed on decision in Rita Devi Vs. New India Insurance Company Ltd., as also decision by this Court in National Insurance Company Ltd. Vs. Munesh Devi.”

The appeal was filed by the claimants, challenging Labor Commissioner’s order, whereby the claim for compensation was dismissed.

While passing the order, the Labor Commissioner had held that the murder of the deceased, who was stated to be plying a TSR as employee of respondent No.1, had no connection with his employment.

As such, two issues arose before the High Court. First, whether there was employer-employee relationship, and second, whether the fact that the deceased was murdered disentitled the claimants from seeking compensation.

Insofar as respondent No.1 denied the deceased’s employment with him and the testimony of deceased’s wife did not inspire confidence, Justice Dharmesh Sharma held that the onus was on the appellants/claimants to prove the employer-employee relationship, but they failed to discharge the same.

On the second issue, however, it was observed that the Labor Commissioner fell in error in holding that the murder of the deceased had no connection with his employment.

As the appellants failed to establish the employer-employee relationship, the appeal was dismissed.

Mr. Anshuman Bal, Advocate appeared for appellants

Ms. Ashwarya K., Advocate appeared on behalf of Mr. Navneet Kumar, Advocate for respondent No.2 (Insurance Company)

Case Title: Neelu Kumari & Ors v. Om & Anr (Bajaj Alliance Gen Ins Co Ltd)

Citation: 2023 LiveLaw (Del) 1157

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