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2017 Supreme(Del) 2722

J.R.MIDHA
United India Insurance Co. Ltd. – Appellant
Versus
Kamlesh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. L.K. Tyagi, Adv.
For the Respondent: Mr. B.S. Mor and Mr. Rajender Singh, Advs., Mr. Peeyosh Kalra, ASC for GNCTD with Ms. Sona Babbar, Adv. for Commissioner, Employees’ Compensation.

JUDGMENT :

Employee’s Compensation Act is a social welfare legislation meant to benefit the workers and their dependants in case of death of workman due to accident caused during and in the course of

Employment

1. The Employee’s Compensation Act is a welfare legislation enacted to secure compensation to the poor workmen who suffer from injuries at their place of work. This becomes clear from a perusal of the preamble of the Act which reads as under:

“An Act to provide for the payment by certain classes of employers to their workmen of compensation for injury by accident.”

This further becomes clear from a perusal of the Statement of Objects and Reasons, which reads as under:

“… The growing complexity of industry in this country, with the increasing use of machinery and consequent danger to workmen, along with the comparative poverty of the workmen themselves, renders it advisable that they should be protected, as far as possible, from hardship arising from accidents.

An additional advantage of legislation of this type is that, by increasing the importance for the employer of adequate safety devices, it reduces the number of accidents to workmen in a manner that cannot be achieved by o
































































































































































































































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