Mohammed Masood v. The New India Assurance Co. Ltd. 2025 INSC 1179 - MV Act- Employees Compensation Act
Motor Vehicles Act, 1988 -Employees’ Compensation Act, 1923 -Parameters under Workmen’s Compensation Act, 1923 regarding fixing of income cannot be applied when the compensation was assessed and fixed by the Tribunal in a claim petition under Section 166 of the M.V. Act by applying principles under the said Act- Once the remedy under the Motor Vehicles Act, 1988 was elected to be pursued by the claimant and the Tribunal adjudicated the compensation by applying the criteria and fixing the income, falling back upon the parameters under the Workmen’s Compensation Act, was not permissible. The insurer could not have raised such a defence seeking to apply the provisions of Workmen’s Compensation Act. Both the remedies are different. (Para 5-6)
Case Info
Case Details
- Case name: Mohammed Masood v. The New India Assurance Co. Ltd. & Anr.
- Neutral citation: 2025 INSC 1179.
- Coram: K. Vinod Chandran, N.V. Anjaria.
- Judgment date: September 26, 2025.
- Appeal No.: Civil Appeal No. 12567/2024.
Caselaws and Citations
- National Insurance Company Limited v. Mastan and Anr., (2006) 2 SCC 641.
- National Insurance Company Limited v. Pranay Sethi, (2017) 16 SCC 680.
Statutes/Laws Referred
- Motor Vehicles Act, 1988: Section 166; Section 167; Chapter X.
- Workmen’s Compensation Act, 1923 (now Employees’ Compensation Act, 1923): income cap reference and parameters discussed.
