Supreme Court of India
K Sivaraman & Ors. v. P Sathishkumar & Anr.
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1 Supreme Court bench has cited this judgment.
What the Court ordered
We hold that the relevant date for the determinati on 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.
Judgment, page 20
From the headnote
Employee’s Compensation Act, 1923: s.4 – Whether the benefi t of Act 45 of 2009 deleting the deeming provision in Explanat ion II which capped the monthly wages of an employee at Rs.4000 would also apply to accidents which took place prior to the c oming into force of its provisions i.e. 18 January 2010 – Held: Th e objective of the amendment by virtue of Act 45 of 2009 is to remove a de eming cap on the monthly income of an employee and extend to them compensation on the basis of the actual monthly wages drawn by them – However, there is nothing in Act 45 of 2009 either exp ress or implied
Authorities it was built on
- 2014 Commissioner of Income Tax (central)-1, New Delhi v. Vatika Township Private Limited
- 1975 Pratap Narain Singh Deo v. Srinivas Sabata and Anr.
- 2007 National Insurance Co. Ltd. v. Mubasir Ahmed and Anr.
- 1999 Kerala State Electricity Board and Anr. v. Valsala K. and Anr. Etc. Etc.
- 2018 Union of India v. Rina Devi
- 2009 Tahazhathe Purayil Sarabi & Ors. v. Union of India & Anr.
- 2012 The Oriental Insurance Co. Ltd. v. Siby George & Ors.
- 2019 Union of India v. Radha Yadav
- 2005 State of Kerala and Anr. v. P.V. Neelakandan Nair and Ors.
- 2001 Rathi Menon v. Union of India
Where later benches applied it
Of those, 1 relied on
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