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Employee’s Compensation Act

New India Assurance Co. Ltd. v. Kogga - Employee's Compensation Act - Dependent Minor Widowed

CaseCiter

• 1 min read

Employee’s Compensation Act 1923 - Section 2(1)(d)(iii)(d) - The definition of word ‘dependent’ means “a minor brother or an unmarried sister or a widowed sister if a minor”. In the present time, no one will normally find a widowed sister who is a minor, especially after enactment of the Hindu Marriage Act, 1955- The matter needs to be considered by the Law Commission of India for suitable amendment of the aforesaid provision or any other in the 1923 Act. (Para 3)

Case Info

Case name: The New India Assurance Company Ltd. v. Kogga & Ors.

  • Neutral citation: Not mentioned in the order.
  • Coram: Hon’ble Mr. Justice Rajesh Bindal; Hon’ble Mr. Justice Manmohan.
  • Judgment date: October 09, 2025.
  • Disposition: Appeal dismissed; question of law left open.

Statutes / Laws Referred

  • Employees’ Compensation Act, 1923:
    • Section 2(1)(d)(iii)(d) — definition of “dependent” (“a minor brother, or an unmarried sister or a widowed sister if a minor”).
  • Reference to later personal law context: Hindu Marriage Act, 1955 (mentioned to highlight improbability of a “widowed sister who is a minor” today).

New India Assurance Co. Ltd. v. Kogga - Employee's Compensation Act - Dependent Minor Widowed
New India Assurance Co. Ltd. v. Kogga - Employee's Compensation Act - Dependent Minor Widowed .pdf
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