Supreme Court Seeks Inclusion of Adult Widowed Sisters in Employees’ Compensation Act

The Supreme Court has suggested that the Union Government amend the Employees’ Compensation Act, 1923 to include an adult widowed sister within the meaning of the term ‘dependent’. The current law limits this benefit only to a widowed sister if she is a minor, thereby excluding adult widowed sisters from receiving compensation.

A Bench of Justices Rajesh Bindal and Manmohan made this recommendation while upholding the compensation awarded to two widowed sisters of a deceased worker. The Court dismissed an appeal filed by New India Assurance Company Ltd., which had argued that since the sisters were not minors at the time of their brother’s death, they were not entitled to claim compensation.

Under Section 2(1)(d)(iii)(d) of the Act, a dependent is defined as “a minor brother or an unmarried sister or a widowed sister if a minor.” The Court observed that this narrow definition no longer fits modern social realities. It noted that after the enactment of the Hindu Marriage Act, 1955, the likelihood of a minor widowed sister is almost nonexistent, making the current wording outdated.

The judges therefore directed that the matter be referred to the Law Commission of India through the Ministry of Law and Justice for suitable amendments to ensure fair inclusion of adult widowed sisters.

“A copy of this order shall be sent to the Secretary, Ministry of Law and Justice, who may refer it to the Chairperson, Law Commission of India,” the Court stated.

While the Supreme Court chose not to interfere with the High Court’s decision, it kept the legal question open, indicating that the interpretation of the term ‘dependent’ under the Act still needs legislative clarification.

Case Title: The New India Assurance Company Ltd. v. Kogga & Ors
Citation: 2025 LiveLaw (SC) 1039