MST. PARAM PAL SINGH THROUGH FATHER versus M/S NATIONAL INSURANCE CO. & ANR.

Citation: [2012] 13 S.C.R. 1232 · Decided: 14-12-2012 · Supreme Court of India · Bench: T.S. THAKUR · Disposal: Appeal(s) allowed

Cited by 1 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

A 
8 
[2012] 13 S.C.R. 1232 
MST. PARAM PAL SINGH THROUGH FATHER 
v. 
MIS NATIONAL INSURANCE CO. & ANR. 
(Civil Appeal No.9084 of 2012) 
DECEMBER 14, 2012 
[T.S. THAKUR AND FAKKIR MOHAMED 
IBRAHIM KALIFULLA, JJ.) 
Workmen's Compensation Act, 1923- s.3- Truck driver 
C employed with second respondent was driving truck to a 
destination 1152 kms. away in connection with the commercial 
transport operation of the second respondent - In course of 
driving activity, he felt uncomfortable and parked the truck on 
the side of the road soon whereafter he fainted and died -
o Claim for compensation under the Act - Held: There was 
casual connection to death of the deceased with that of his 
employment as a truck driver - Deceased would have 
definitely undergone grave strain and stress due to long 
distance driving - Vocation of driving was a material 
E contributory factor if not the sole cause that accelerated his 
unexpected death to occur which in all fairness should be held 
to be an untoward mishap in his life span - Such 'untoward 
mishap' can be reasonably described as an 'accident'- Death 
of the truck driver was in an accident arising out of and in the 
F course of his employment with the second respondent - Order 
of Commissioner awarding compensation to adopted son of 
dgceased accordingly upheld. 
Adoption - Validity of - Proof - In a simple ceremony 
deceased 'J' had expressed that he being a bachelor thought 
G it fit to take appellant in adoption - Biological parents of the 
appellant were also willing to give him in adoption - Process 
of adoption was carried out in presence of respected persons 
of the Panchayat in a ceremony where goods and sweets were 
H 
1232 
MST. PARAM PAL SINGH THROUGH FATHER v. NATIONAL 1233 
INSURANCE CO. 
distributed - Adoption Deed was written by the Sarpanch of A 
the village - Left thumb impression of 'J' was found affixed in 
the Adoption Deed which was signed both by the biological 
parents apart from three witnesses - Appellant was three years 
old at the time when the adoption took place - In ration card, 
name of 'J' was mentioned as father of the appellant - Held: 
B 
In view of oral and documentary evidence on record, it was 
conclusively proved that appellant was the adopted son of 'J'. 
· One 'J' was employed as truck driver by the second 
respondent. 'J' was driving a truck in connection with the 
commercial transport operation of the second C 
respondent from Delhi to Nimiaghat. When the truck 
reached near Nimiaghat, 'J' felt giddy and, therefore, 
parked the vehicle on the road side near a hotel and soon 
thereafter he fainted. 'J' was removed to a nearby hospital 
where the doctors declared him brought dead. 
D 
The appellant, claiming himself to be the adopted 
son of 'J', filed application before the Commissioner of 
Workmen's Compensation submitting that the death of 'J' 
was due to the strain and stress of continuous driving 
E 
in the course of his employment with the second 
respondent, that the vehicle which he was driving was 
insured with the first respondent and that an additional 
premium was also paid for coverage of compensation 
payable under the Workmen's Compensation Act. The 
F 
Commissioner awarded compensation. In appeal, 
however, the High Court held that the death of 'J' was due 
to natural causes and it had no CAUSAL CONNECTION 
with his employment and also held that the adoption of 
the appellant was not proved and thus set aside the order G 
passed by the Commissioner. Hence the present appeal. 
Allowing the appeal, the Court 
HELD: 1.1. On a conspectus consideration of the 
deed of adoption and the oral evidence led on behalf of 
H 
1234 
SUPREME COURT REPORTS 
[2012] 13 S.C.R. 
A the appellant, it is found that there was a simple 
c~remony though not a mantra ceremony held in which 
the deceased participated wherein it was expressed that 
the deceased being a bachelor thought it fit to take the 
appellant in adoption for which the biological parents of 
8 the appellant were also willing to give him in adoption. 
In the Adoption Deed it was specifically mentioned that 
the process of adoption was carried out in the presence 
of respected persons of the Panchayat in a ceremony 
where goods and sweets were distributed in 
C commemoration of the function of adoption. It has come 
in evidence that the Adoption Deed was written by the 
Sarpanch of the village. The left thumb impression of the 
deceased was found affixed in the Adoption Deed which

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