Keywords – supreme Court, workman compensation Act, compensation.
The Supreme Court has awarded a large compensation under the Workman Compensation Act to the near relative of a deceased employee as the motive of the act is to dispense social justice. The bench has itself awarded the compensation to the family of the deceased workman instead of referring the case back to the High Court for reconsideration.
In this scenario the deceased was employed as a truck driver who had lost his life in an accident in 2011. The family members (including wife, son and parents) had filed a petition to the Deputy Labor Commissioner for the compensation as the death had happened during the course of employment. The members had alleged that the deceased used to earn Rs. 6000 per month but due to the absence of any proof regarding it, the Deputy Labor Commissioner had considered the per month income to be only Rs. 3900 and hence passed this much compensation only.
The bench of Justice J K Maheshwari and Justice Arvind Kumar had deduced that when the wife had disclosed about the income of his deceased husband on oath and as well as the employer who had employed the deceased has also done the same then by no imagination the Deputy Labor Commissioner should have granted lower amount of compensation.
Written by – Yashashvi Mishra, College – S S Khanna Girls Degree College, University of Allahabad, Year – 2nd year 4th Semester, an intern under Legal Vidhiya
[1] https://www.livelaw.in/top-stories/supreme-court-workmens-compensation-act-wifes-claim-of-husbands-income-230751
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