Allahabad High Court
National Insurance Company Ltd. vs Smt. Pinki And Others. on 10 April, 2023
Bench: Kaushal Jayendra Thaker
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 44
Case :- FIRST APPEAL FROM ORDER No. - 883 of 2005
Appellant :- National Insurance Company Ltd.
Respondent :- Smt. Pinki And Others.
Counsel for Appellant :- Arvind Kumar
Hon'ble Dr. Kaushal Jayendra Thaker,J.
1. This appeal has been preferred by the appellant-National Insurance Co. Ltd. under Section 30 of Workmen's Compensation Act challenging the judgment and award dated 10.3.2005 passed by the Workmen's Compensation Commissioner/Assistant Labour Commissioner, Meerut in WCA No. 115 of 2003 whereby the learned Commissioner has awarded compensation of Rs.3,98,800/- with interest at the rate of 12%.
2. The appellant has challenged the award of the learned Commissioner on the following substantial questions of law:
"(a). Whether daily allowance paid to the Workmen can be included in wages for computation of pension?
(b). Whether the Commissioner is entitled to grant compensation the basis of wages which is not proved to be paid to the deceased?"
3. The deceased-Satyaveer Singh was driver of respondent-owner and was being paid Rs.4000/- per month plus Rs.50/- for daily diet. He was employed at Tanker No.HR38G 6414. On 2.8.2002, during the course of his employment, he got injured in vehicular accident and sustained to the injuries during treatment in Hospital. The legal heirs of the deceased was denied compensation by the original respondents and, therefore, they preferred the claim petition which was allowed by the learned Commissioner as above.
4. As far as question nos. (a) & (b) are concerned, they are the pure question of facts. The employer has accepted before the Commissioner that the deceased was under his employment and was being paid Rs.2000/- with Rs.50/- as daily diet. However, he has not filed any document. Learned Commissioner on considering the minimum wage plus daily diet has awarded the compensation by applying the factor of 199.40. The finding of the Commissioner does not call for any interference of this Court. Be that as it may, all these questions are in the realm of question of facts and the finding of the Commissioner on these issues are not perverse.
5. This Court is fortified in its view by the decision of the Apex Court passed in Civil Appeal No.7470 of 2009 North East Karnataka Road Transport Corporation Vs. Smt. Sujatha decided on 2.11.2018, Golla Rajanna Etc. Etc. Vs. Divisional Manager and Another, 2017 (1) TAC 259 (SC) & Mayan vs. Mustafa and another, 2022 ACJ 524 wherein the Apex Court has held that under Section 30 of Workmen Compensation Act, the High Court cannot enter into the arena of facts unless they are proved to be perverse and unless there is a question of law involved. The decision in Salim vs. New India Assurance. Co. Ltd. and another, 2022 ACJ 526 also will not permit this Court to interfere with the well reasoned judgment of learned Commissioner.
6. In view of the above, the appeal fails and is dismissed.
7. Interim relief, if any, shall stand vacated forthwith. The Registry will forward this order to the Workmen Compensation Commissioner who shall immediately summon the legal heirs of the claimant and disburse the amount kept in fixed deposit with interest accrued on the said amount till date within 30 days from the date of receipt of this order.
Order Date :- 10.4.2023
DKS
