Tmt.Anjala vs Thiru.Palanivel
2021 Latest Caselaw 2143 Mad

                                                                            C.M.A.No.1959 of 2019

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 01.02.2021

                                                         CORAM

                                   THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM

                                                 C.M.A.No.1959 of 2019

                     1.Tmt.Anjala
                     2.Minor.Nandakumar
                     3.Minor.Kaviarasan
                     4.Tmt.Kamal
                     4.Thiru.Shanmugam
                                                                              ... Appellants
                                                          Vs.

                     1.Thiru.Palanivel

                     2.Royal Sundaram Alliance Insurance Company Ltd.,
                       No.8/111, Mangalam Building,
                       4 Road, Salem-9.
                                                                              .. Respondents


                     Prayer : Civil Miscellaneous Appeal filed under Section 30 of the
                     Employees Compensation Act, 1923, against the order passed by the
                     Deputy Commissioner of Labour at Salem under the Workmen
                     Compensation Act, 1923 in W.C.No.325 of 2013 dated 11.05.2017.

                                        For Appellants    : Mr.N.Desinghu




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https://www.mhc.tn.gov.in/judis/
                                                                             C.M.A.No.1959 of 2019




                                                     JUDGMENT

The order passed in W.C.No.325 of 2013 dated 11.05.2017, is

under challenge in the present civil miscellaneous appeal.

2. The substantial question of law raised in the appeal is that

whether the monthly income fixed for calculation of compensation by

the Deputy Commissioner of Labour is in accordance with the

provisions of the Employees Compensation Act or not.

3. The factum regarding the accident was established. The

accident occurred on 28.10.2010, when the deceased was on duty in

connection with the vehicle bearing Registration No.TN-29 AB-8067.

The first appellant who is none other than the wife of the deceased,

along with the other legal heirs, filed an application seeking

compensation under the Workmen Compensation Act.

4. The Deputy Commissioner of Labour adjudicated the issues

with reference to the documents and evidences available and the factum

https://www.mhc.tn.gov.in/judis/ C.M.A.No.1959 of 2019

regarding the accident was established and the employee employer

relationship was also established beyond the doubt. While fixing the

monthly income of the deceased, the Deputy Commissioner of Labour

fixed a sum of Rs.5966/- instead of fixing a sum of Rs.8000/- which is

the minimum wages notified by the Central Government with effect

from 18.01.2010 and the said amendment was published in the

Government of India Gazette dated 31.05.2010. Therefore, the monthly

income of the deceased is to be fixed as Rs.8000/-. The Deputy

Commissioner of Labour committed an error in following the statutory

fixation done by the Central Government in its notification dated

31.05.2010.

5. In this view of the matter, this Court is inclined to enhance the

monthly income of the deceased employee from Rs.5966/- to Rs.8000/-.

Accordingly, the claimants are entitled for the modified compensation of

Rs.8,20,400/- along with interest at the rate of 12% per annum from the

date of expiry of 30 days from the date of accident. In all other aspects,

the method of calculation done by the Deputy Commissioner of Labour

stands confirmed. Thus, the award dated 11.05.2017 passed in

https://www.mhc.tn.gov.in/judis/ C.M.A.No.1959 of 2019

W.C.No.325 of 2013 is modified and the appellant claimants are entitled

for the total compensation of Rs.8,20,400/- along with interest at the rate

of 12% per annum from the date of expiry of 30 days from the date of

the accident.

6. The second respondent Insurance Company is directed to

disburse the differential amount of compensation along with accrued

interest within a period of 12 weeks from the date of receipt of a copy of

this order. On such deposit, the major appellants alone are permitted to

withdraw their respective portion of the award by filing an appropriate

application and payments are to be made through RTGS. As far as the

minor appellants are concerned, the said amount shall be deposited in an

interest bearing scheme in any one of the Nationalized Bank and the

same is to be renewed periodically till they attain majority.

7. Thus, the Civil Miscellaneous Appeal stands allowed in part.

No costs.

01.02.2021 Index: Yes/No Internet:Yes/No

https://www.mhc.tn.gov.in/judis/ C.M.A.No.1959 of 2019

Speaking order/Non-Speaking Order gsk

To The Deputy Commissioner of Labour, Salem.

https://www.mhc.tn.gov.in/judis/ C.M.A.No.1959 of 2019

S.M.SUBRAMANIAM, J.

gsk

C.M.A.No.1959 of 2019

01.02.2021

https://www.mhc.tn.gov.in/judis/