Significance of Compensatory Jurisprudence Under The Employees Compensation Act, 1923


  • Khushi Sehgal Student, 5th Year BBA. LLB. (Hons.), Bennett University, Greater Noida.
  • Shubhangi Das Student, 5th Year BBA. LLB. (Hons.), Bennett University, Greater Noida.



Compensation, Constitution, Victim, Jurisprudence, Legal.


The basic rights contained in the Constitution of India would be useless unless and until concrete means to ensure them were implemented. There can be no justice if there is no remedy (Ubi jus ibi remedium). The term “compensation” refers to making amendments for a loss. Crime is more than simply a breach of the law; it also causes harm to victims and their families, including economic loss, emotional distress, and bodily, psychological, or intellectual injury. Crime has a wide variety of consequences for victims and their families, ranging from major injuries to minor disruptions. The concept of victims’ compensation is a well-established legal principle that is implemented within the framework of traditional civil courts. The court’s adoption of compensatory jurisprudence, guided by the principles of human rights philosophy, serves as a positive indication of its commitment to safeguarding the fundamental rights to life and personal liberty for all individuals, even in situations when there is a lack of explicit Constitutional provisions or established legal precedents. There is evidence that some groups of victims of crime were reimbursed, either by the perpetrator, their relatives, or the sovereign, even in ancient times. The right to compensate is a relatively new addition to Indian Constitutional law. This notion just began to gain traction in India under Constitutional law in the late 1980s. This was an innovative notion devised by the Indian Judiciary to ensure justice. Compensation is often granted based on the claimant’s entitlement. Modern justice is more concerned with delivering assistance to victims than with the requirements of legal principles. The right to compensation for violations of basic rights comes from the rights that were infringed, which shall be further addressed in the research.


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How to Cite

Sehgal, K., & Das, S. (2024). Significance of Compensatory Jurisprudence Under The Employees Compensation Act, 1923. International Journal of Law and Social Sciences, 9(1), 42–49.





Australian Law Reform Commission, (last visited Jan. 12, 2023).

Balram Prasad v. Kunal Saha Civil Appeal No.692 of 2012

Bhim Singh v. State of J&K and Others, AIR 1986 SC 494.

Bodhisattwa Gautam v. Sudhra Chakroborty, 1996 AIR SC 922.

C. A. Hopkins, Prerogative and Compensation, 22 The Cambridge Law Journal 180, 181 (2017) DOI:

D Hugh Barlow, Introduction to Criminology, 453 (Little, Brown 1984)

Delhi Domestic Working Women’s Forum V. Union of India,1995 SCC (1) 14.

Dr. Suresh Gupta vs Govt. of N.C.T. of Delhi & Anr. Appeal (crl.) 778 of 2004

Gaus and F Gerald, Does Compensation Restore Equality?,33 Nomos 45, 72 (1991). DOI:

Jacob Mathews vs State of Punjab & Anr. Appeal (crl.) 144-145 of 2004

Khatri v. State of Bihar, AIR 1980 SC 1068.

Madan Lal and Anr. Vs. State of Himachal Pradesh Appeal (crl.) 786 of 2002.

Mary Kati Haupt, Workers’ Compensation Law & the Remedial Waiver, 21 Barry Law Review 217, 224 (2016).

P T Sherman, A Compensation Law and Private Justice, 38 The Ann’ of the American Acad’ of Pol’ and Soc’ Sci’ 151, 157 (1911). DOI:

Rudal Shah v. State of Bihar, (1983) 4 SCC 141 DOI:

Rudul Shah v. State of Bihar, 1983 AIR 1086, 1983 SCR (3) 508. DOI:

S. C. Raina, Law, Judiciary and Justi ce in India 200 (Deep & Deep Publications 1993).

Saket Anand, Public Law Remedy Through Compensatory Justice, The Advocate’s League (Jan. 12, 2023, 10:30 AM),

Sarwan Singh v. State of Punjab, AIR 1957 SC 637.

Sarwan Singh v. State of Punjab, AIR 1978 SC 1525.

Shepherd and Wedderburn, (last visited Jan. 11, 2023).

Vajravelu Mudaliar and Bank Nationalisation, AIR 1965 SC 1017.