Madras High Court
Tmt.Kannammal vs Managing Partner on 18 February, 2021
C.M.A.No.2755 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.02.2021
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
C.M.A.No.2755 of 2019
1.Tmt.Kannammal
2.Minor Sivaranjani
3.Minor Sivadurga
4.Minor Hariharan
(Minors 2 to 4 are represented through
their Mother Natural Guardian 1st appellant)
5.Tmt.Jaya ..Appellants
Vs.
1.Managing Partner,
M/s.Kallada Travels,
14, KTR Complex,
Hosur Main Road,
Madivala,
Bengaluru, Karnataka State – 560068.
2.Reliance General Insurance Company Limited,
2nd floor, Global Blaza, Opp to New Railway Platform,
Vanjikulam Road, Puthoole Post,
Thrissur, Kerala State – 680 004. ..Respondents
Prayer : Civil Miscellaneous Appeal filed under Section 30 of the
Employees Compensation Act, against the order made in W.C.No.145 of
2014 on the file of the Employees Compensation Commissioner cum
Deputy Commissioner of Labour, Salem dated 6.3.2017 and for
enhancement of compensation.
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C.M.A.No.2755 of 2019
For Appellants : Mr.C.Kulanthaivel
For Respondents : R1 – Mr.N.Ramamani
R2 – M/s.C.Bhuvanasundari
JUDGMENT
The Award dated 06.03.2017 passed in W.C.No.145 of 2014 is
under challenge in the present appeal.
2. The appellants are the claimants and the application was filed,
seeking compensation on the ground that on 27.08.2013 at about 1
A.M., the deceased workmen Raja was driving the Omni Bus bearing
Registration No.KA-01-AB-6543 along with the second driver
Jayaprakasan near Cotton Fashion Shop, Karumarampalayam in
Uthukuzi to Tiruppur Road, Tiruppur and Taluk and District from
Madiwala, Bengaluru to Trivandrum, Kerala State within the
jurisdiction of Tiruppur North Police Station Limit. At that point of
time, the driver of the mini bus suddenly crossed the road in a rash and
negligent manner without any sign or signal. In order to avoid the
accident, the deceased workmen Raja turned his vehicle right side and
unfortunately, dashed on the Ultimate Mobile Care Cellphone Shop
building. Due to the accident, the deceased workmen Raja as well as the
passengers of the bus were sustained severe injuries. The deceased
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C.M.A.No.2755 of 2019
workmen Raja died on the spot and an application was filed seeking
compensation.
3. The Deputy Commissioner of Labour adjudicated the issues
with reference to the documents and evidences. The Substantial question
of law raised in the present appeal is that whether the monthly income
fixed by the Deputy Commissioner of Labour as Rs.7,699/- is in
accordance with the Central Government Notification issued under
Section 4(1B) of the Employees Compensation Act.
4. Admittedly, the deceased was working as a Driver. Though the
claimants have stated that the monthly income of the deceased was
Rs.21,000/- per month, the Deputy Commissioner of Labour has fixed a
sum of Rs.7,699/-, which is not correct even as per Central Government
Notification issued under the statute.
5. This Court is of the considered opinion that if the claimants are
unable to establish the monthly income of the workmen through an
acceptable evidence, then the Courts are bound to adopt the minimum
wages fixed by the Central Government or by the State Government
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C.M.A.No.2755 of 2019
during the relevant point of time under the statute.
6. In the present case, the accident occurred on 27.08.2013 and as
on that date, the minimum wages fixed by the Central Government was a
sum of Rs.8,000/- per month. Thus, the Deputy Commissioner of Labour
ought to have fixed a sum of Rs.8,000/- as monthly income of the
deceased for the purpose of calculation of the compensation. In view of
the said fact, the monthly income fixed by the Deputy Commissioner of
Labour as Rs.7,699/-(Rupees Seven Thousand Six Hundred and Ninety
Nine only) is enhanced to Rs.8,000/-(Rupees Eight Thousand only).
7. Thus, the total compensation to be paid to the
appellants/claimants is Rs.7,52,600/- [8000X50/100X186.90+5000]
(Rupees Seven Lakh Fifty Two Thousand and Six Hundred only) along
with the interest at the rate of 12% per annum on expiry of 30 days from
the date of accident. Thus, the 2nd respondent / Insurance company is
directed to deposit the entire award amount along with the accrued
interest within a period of 12 weeks from the date of receipt of a copy of
this judgment and on such deposit, the appellant/claimants are permitted
to withdraw the entire amount by filing an appropriate application and
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C.M.A.No.2755 of 2019
the payments are to be made through RTGS.
8. Thus, the Award dated 06.03.2017 passed in W.C.No.145 of
2014 stands modified and the Civil Miscellaneous Appeal in
C.M.A.No.2755 of 2019 stands allowed in part. No costs.
18.02.2021
kak
Index: Yes/No
Internet:Yes/No
Speaking/Non-Speaking order
To
1. The Employees Compensation Commissioner
cum Deputy Commissioner of Labour,
Salem.
S.M.SUBRAMANIAM, J.
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C.M.A.No.2755 of 2019
C.M.A.No.2755 of 2019
18.02.2021
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