VidhiSangh

Supreme Court of India · 13/02/2020

K SIVARAMAN & ORS. versus P SATHISHKUMAR & ANR.

[2020] 4 S.C.R. 480 · 2020 INSC 180

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Summary

The Supreme Court held that compensation under the 1923 employees’ compensation legislation is governed by the law on the accident date. The 2009 amendment deleting the deemed monthly-wage cap did not apply to earlier accidents merely because adjudication remained pending. Nonetheless, invoking Article 142, the Court preserved the High Court’s enhanced award for this 2008 death, given the long delay, proved wages and absence of a respondents’ appeal.

Issues

  1. Whether the 2009 amendment deleting the deemed wage cap applied to an accident preceding its commencement.
  2. Whether the enhanced award should nevertheless be preserved in this appeal by the claimants.

Provisions considered

Held

Result

Claimants’ appeal dismissed after clarification of the law. Compensation preserved at Rs 8,86,120 with 12% annual interest from the accident date, payable to appellants 1 and 2 by the respondents jointly and severally within two months of receipt of a certified copy. No order as to costs.

Judgment PDF: Supreme Court of India, [2020] 4 S.C.R. 480.