Heera Lal Kushwaha vs Jiya Lal Kushwaha
2023 Latest Caselaw 15212 MP

                                                       1
                            IN      THE   HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                    BEFORE
                                      HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                          ON THE 14 th OF SEPTEMBER, 2023
                                            MISC. APPEAL No. 532 of 2009

                           BETWEEN:-
                           JIYALA KUSHWAHA S/O KASHIDEEN KUSHWAHA, S/O
                           KSHIDEEN KUSHWAHA, R/O BOULIHA       THANA
                           SINGHPUR TEHSIL RAHGURAJNAGAR, DISTRICT
                           SATNA (MADHYA PRADESH).

                                                                             .....APPELLANT
                           (NONE)

                           AND
                           HIRALAL KUSHWAHA S/O BAIJNATH KUSHWAHA, R/O
                           BOULIHA     THANA       SINGHPUR     TEHSIL
                           RAGHURAJNAGAR    DISTRICT   SATNA  (MADHYA
                           PRADESH)

                                                                           .....RESPONDENTS
                           (BY SHRI SANJAY VERMA - ADVOCATE)

                                            MISC. APPEAL No. 550 of 2009

                           BETWEEN:-
                           HIRALAL KUSHWAHA AGED ABOUT 59 YEARS, S/O
                           BAIJNATH KUSHWAHA, R/O BOULIHA THANA
                           SINGHPUR TEHSIL RAGHURAJNAGAR DISTRICT
                           SATNA (MADHYA PRADESH)

                                                                             .....APPELLANT
                           (BY SHRI SANJAY VERMA - ADVOCATE )

                           AND
                           JIYA LAL KUSHWAHA S/O SHRI KASHIDEEN
                           K U S H WA H A R/O VILLAGE BOULIHA, THANA
                           SINGHPUR, TAH. RAGHURAJ NAGAR (MADHYA
                           PRADESH)

Signature Not Verified
Signed by: AMITABH
RANJAN
Signing time: 15-09-2023
19:24:29
                                                               2
                                                                                          .....RESPONDENT
                           (NONE )

                                 Th is appeal coming on for hearing this day, t h e court passed the
                           following:
                                                               ORDER

These appeals are filed by the employer and the employee respectively being aggrieved of the judgment dated 04.12.2008 passed by the Commissioner under the Employees Compensation Act, Labour Court Satna in case No. 27 of 2004/WC Act. NF (Jiya Lal Kushwaha Vs. Heeralal Kushwaha).

Learned counsel for the appellant/employer submits that the impugned judgment is illegal and arbitrary, excessive amount has been awarded without

there being any proof of the extent of permanent disability.

In the appeal filed on behalf of claimant, it is mentioned that notional income of the claimant is compounded @ Rs.1500/- per months, which is arbitrary and illegal. Minimum wages, even for an un-skilled laborer on the date of accident i.e. 27.04.2004 were to the tune of Rs.2205/- per month.

As as far as appeal filed by the employer (M.A. No. 550/2009) is concerned, there is no evidence on record to substantiate the allegations made by the employer. Therefore appeal filed by the employer i.e. M.A. No. 550/2009 deserves to be dismissed and is here by dismissed.

As far as appeal filed by the claimant i.e. M.A. No. 532/2009 is concerned, when a minimum wages of Rs.2205/- is taken into consideration then 50% of it comes out to Rs.1102.50/-. Relevant factor for a 27 years old person is 213.57, when this is multiplied with the 50% of the minimum wages then total amount comes out to Rs.2,35,460.925/-. Since, Tribunal has accepted 75% disability, then 75% of this comes out to Rs.1,76,596/- against a sum of Rs.1,24,938/-. Thus, there will be enhancement to the tune of Rs.51,658/- which Signature Not Verified Signed by: AMITABH RANJAN Signing time: 15-09-2023 19:24:29

will be admissible in favour of the workman/claimant and this amount will earn interest @ 6% from the date of the accident till the date of actual payment.

In above terms M.A. No. 532/2009 is allowed.

(VIVEK AGARWAL) JUDGE Amitabh

Signature Not Verified Signed by: AMITABH RANJAN Signing time: 15-09-2023 19:24:29