Employees' Compensation Claim Not Barred For Want Of Section 10 Notice If Employer Had Knowledge Of Accident: Kerala High Court

The Kerala High Court has held that absence of formal notice under Section 10 of the Employees' Compensation Act, 1923, does not bar an employee's compensation claim where the employer had prior knowledge of the accident.Justice S. Manu delivered the judgment in an appeal against an order by the Employees Compensation Commission, granting compensation to the respondent for injuries sustained in an accident during the course of his employment under the appellant. The Appellant, Food Corporation of India argued that the Section 10 of the Employees Compensation Act prescribes that no claim for compensation shall be entertained by a Commissioner unless notice of the accident is given as soon as practicable, and in the absence of the same the claim was not maintainable.The Court examined the Section 10 of the Act and examined the proviso appended with the Section. The Court noted that the fourth proviso to Section 10(1) explicitly relaxes the requirement of notice in cases where the employer had knowledge of the accident from any source at or about the time of occurrence.The Court observed that provisos serve to qualify or carve out exceptions to the main provision, and must be read harmoniously with it. “Provisos are often employed by the legislature to carve out exceptions to the general provisions. The rigour as well as application of the main provision can be watered down and varied by incorporating provisos. While understanding the scope of a provision of a statute it should be read as a whole. The impact of the main provision would be subject to what is provided under the provisos if any.” Court observed. The Court held that the rigour of Section 10(1) is ostensibly diluted by its provisos.“The rigour of sub-section (1) of Section 10 has been ostensibly diluted by incorporating the fourth and fifth provisos. In view of clause (b) under the fourth proviso, if the employer had knowledge of the accident from any other source at or about the time when it occurred, want of or any defect or irregularity in a notice shall not be a bar to the entertainment of a claim” Court observed. The Court noted that in the present case, the Employees' Compensation Commissioner had found that mediation had taken place between the parties prior to the filing of the claim, indicating that the employer was aware of the accident. The Court thus ruled that actual knowledge of the accident satisfies the underlying purpose of the notice requirement, rendering formal notice unnecessary.The Court thus dismissed the appeal Case Title: The Regional Manager, Food Corporation of India v MohandasCase No: MFA(ECC) 29/ 2023Citation: 2026 LiveLaw (Ker) 189Counsel for Appellant: R. HarikrishnanClick Here To Read/ Download Judgment

Employees' Compensation Claim Not Barred For Want Of Section 10 Notice If Employer Had Knowledge Of Accident: Kerala High Court

Anamika MJ

This is a premium content
Available exclusively to
Our subscribers

INR 1099+GST

Tags

Employees' Compensation Claim Not Barred For Want Of Section 10 Notice If Employer Had Knowledge Of Accident: Kerala High Court

Anamika MJ

This is a premium content Available exclusively to Our subscribers

INR 1099+GST

Tags

This is a premium content
Available exclusively to
Our subscribers