Suman Kumari And Others v. Union Of India

FAO-4011-2019 (O&M) -23.

The issue is no more res-integra and has been answered by Supreme Court in the case of 'K. Sivaraman & Ors. vs. P. Sathishkumar and anr.' (2020) 4 SCC 594, observing as under: "32.

It is pertinent to note that no similar position of law for the determination of the higher amount of compensation payable was adopted under the 1923 Act by this Court in Pratap Narain Singh and Valsala. This Court, being a Bench of two judges, is bound by the categorical position of law laid down in Pratap Narain Singh and Valsala, both being judgments rendered by larger Benches of this Court. Consequently, we hold that the relevant date for the determination of compensation payable is the date of the accident and the benefit of Act 45 of 2009 does not apply to accidents that took place prior to its coming into force.

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34. Though the accident took place in 2008, the appeal is being decided over 12 years later. We take note of the fact that following the order of remand by the High Court, the employer deposed as PW2 and stated that the deceased had worked in his establishment for about three years. The employer duly proved Exhibit P5 in the course of his evidence which was the monthly pay certificate indicating that the deceased was drawing a monthly wage of L 32,000, including expenses towards food. Significantly, no appeal was filed by the respondents against the judgment of the High Court enhancing the compensation. In this view of the matter, we are not inclined to interfere with the award of compensation ordered by the High Court in exercise of the inherent jurisdiction of this Court to do complete justice under Article 142 of the Constitution. Having clarified the law as noted above, the appeal shall stand dismissed.

FAO-4011-2019 (O&M) -34.

In view of settled proposition of law, the compensation under Employee's Compensation Act, 1923 has to be awarded as per the provisions in vogue on the date of accident. This is precisely what the Commissioner has ordered.

5.

In view of above, finding no merit in the instant appeal, the same is ordered to be dismissed.

February 18, 2026 (Pankaj Jain) Dpr Judge Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No