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Leg Amputated: Employee Wins Compensation Case Against Insurer
12 Aug
Summary
- An employee lost his leg in a workplace accident during his lunch break.
- The Delhi High Court ordered an insurance company to pay Rs 7.86 lakh.
- The court ruled that lunch break accidents at the worksite are covered.
A Delhi employee, Mr. Yashpal, suffered a severe injury resulting in the amputation of his left leg when an iron rod fell on him at the worksite on June 22, 2010. He was on his lunch break at the time. Initially, the Employees Compensation Commissioner ordered the insurance company to pay Rs 7.86 lakh with 12% interest.
The insurance company contested this, arguing various points including the lack of an employee-employer relationship with the crane owner and that the accident occurred during a break. However, the Delhi High Court, on July 23, 2026, upheld the commissioner's order.
The High Court clarified that a temporary break for meals does not sever the connection between employment and the accident. It also emphasized that an employee's actual duties, not just their designation, are crucial in determining coverage under the Employee's Compensation Act, 1923. The court rejected all arguments from the insurer, confirming the need for compensation.
