Paridhi Arya
Published on June 15, 2022 at 16:15 IST
The Single Judge Bench of Justice Rameshwar Vyas held that remarriage of widow does not make her disentitle to the compensation under Employees Compensation Act 1923.
The Trial Court award regarding amount of compensation is calculated correctly while considering the factors such as age of deceased and number of claimants.
The deceased use to work in Pratibha Industies Ltd. While deceased was cleaning pipeline mixing machine fall on him and he fell into the ditch as a result he died.
The police was informed and case was registered under Section 302 and 287 of IPC. All the employees are insured under Employees Compensation Act so Trial Court awarded decree accordingly.
The decree was challenged by the insurance company. The appellant contended that employees had less than 4,000 rupees salary they are only secured and remedy was sought under Fatal Accident Act of 1855 and not under Employees Compensation Act 1923 which is wrong because employees were secured under Act of 1923.
Appellant further contended that remarriage of widow disentitle her to compensation and employer violated the contract of insurance by not providing safety measures.
The Court observed that under Fatal Accident Act, 1855 wrong doers can be employer and there is wide scope than Act of 1923 and so claimant has correctly claim compensation.
The monthly income of deceased was 2600 rupees and he was under the insured employees of the company.
The Court observed, “Contention with regard to remarrying the deceased’s wife is concerned the same does not disentitle her from claiming compensation for death of her husband.”
“The amount of compensation awarded by the learned trial court looking to the young age and number of claimants cannot be said to be unreasonable. There is no merit in this appeal.”
