Justin vs Sasikumar
2021 Latest Caselaw 1049 Mad

                                                                                    C.M.A.No.1671 of 2015

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED 19.01.2021

                                                          CORAM

                              THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM

                                                    C.M.A.No.1671 of 2015

                     Justin                                                          .. Appellant


                                                           Versus

                     1.Sasikumar

                     2.The United India Insurance Co., Ltd.,
                       Divisional Office,
                       No.73-C, MTH Road,
                       Ambattur,
                       Chennai – 53                                                 .. Respondents


                     Prayer: Civil Miscellaneous Appeal filed under Section 30 (1) of the
                     Workmen Compensation Act 1923, against the award dated 22.072013 made
                     in W.C.No.224/2012 on the file of the Deputy Commissioner of Labour-II,
                     Chennai.


                                    For Appellant      : Mr. F. Terry Chella Raja

                                    For Respondents    : R1 – Ex Parte
                                                         R2 – Mr. C. Parathaman

                     1/6


https://www.mhc.tn.gov.in/judis/
                                                                                 C.M.A.No.1671 of 2015



                                                    JUDGMENT

The award dated 22.07.2013 passed in W.C.No.224/2012, is under

challenge in the present civil miscellaneous appeal.

2. The claimant is the appellant and the appeal is filed seeking

enhancement of compensation. As per the application filed under Section

10 (2) of W.C.Act, 1923, the appellant was working as a cleaner with the

first opposite party in a vehicle namely TATA ACE bearing Reg. No.TN-18-

C-3940. On 24.03.2012, the vehicle met with an accident and the appellant

sustained grievous injuries and admitted in Rajiv Gandhi Government

Medical Hospital in Chennai. The claim petition was filed by the Deputy

Commissioner of Labour adjudicated the issues based on the documents and

evidences.

3. The learned counsel for the appellant made a submission that the

monthly income of the claimant was erroneously fixed as Rs.5,985/- by the

Deputy Commissioner of Labour instead of fixing a sum of Rs.8,000/- as

https://www.mhc.tn.gov.in/judis/ C.M.A.No.1671 of 2015

per the Notification issued by the Central Government. This apart, the

statutory interest of 12% is to be awarded from the date of accident and not

from the date of the deposit of the award amount by the United India

Insurance Company, in these two aspects, the appeal is to be allowed.

4. The learned counsel appearing for the respondent/United India

Insurance Company Limited, disputed the said contentions by stating that

based on the evidences available, the monthly income of the claimant was

fixed, the claimant has not produced any acceptable evidence regarding the

monthly income and therefore, the Deputy Commissioner of Labour is right

in fixing the income of the claimant and there is no infirmity as such. As far

as the interest is concerned, when the statutory interest is 12%, it need not

be granted from the date of accident.

5. This Court is of the considered opinion that the Government of

India issued a Notification on 31.05.2010 under Section 4(i) A of the

Employees Compensation Act. The monthly wages was enhanced from

Rs.4,000/- to Rs.8,000/- with effect from 18.01.2010. Thus, with reference

https://www.mhc.tn.gov.in/judis/ C.M.A.No.1671 of 2015

to the accident occurred on or after 18.10.2010, the wages to be fixed as

Rs.8,000/- for the purpose of quantifying the compensation. This being the

statutory fixation done by the Government of India under Section 4(i) A, of

the Employees Compensation relief, theres is no reason to deny the merit of

the wages fixed by the Central Government. Pursuant to the provision of

the powers in this regard, the Deputy Commissioner of Labour has

committed an error in fixing the monthly income of the appellant as

Rs.5,985/- instead of Rs.8,000/-. Thus, the monthly income is to be fixed as

Rs.8000/-, for the purpose of quantifying the compensation. As far as the

interest is concerned, the statutory interest amount is to be paid from the

date of accident as the amount of compensation is not settled in accordance

with the provisions of the Act.

6. This being the factum, accordingly, the modified compensation of

Rs.7,48,306/- is fixed and the respondent-United India Insurance Company

is liable to settle the modified compensation of Rs.7,48,306/- along with the

interest at the rate of 12% per annum from the date of accident. The second

respondent/United India Insurance Company is directed to deposit the

https://www.mhc.tn.gov.in/judis/ C.M.A.No.1671 of 2015

modified award amount with accrued interest, within a period of twelve

weeks from the date of receipt of copy of the judgment and on such deposit,

the appellant/claimant is permitted to withdraw the entire award amount by

filing an appropriate application and the payment sought to be made through

RTGS. Thus, the award dated 22.07.2013, passed in W.C.No.22/2012,

stands modified and CMA No.1671/2015 stands allowed in part.

19.01.2021

AT Index: Yes/ No

https://www.mhc.tn.gov.in/judis/ C.M.A.No.1671 of 2015

S.M.SUBRAMANIAM,J.

AT

To The Deputy Commissioner of Labour-II, Chennai.

C.M.A.No.1671 of 2015

19.01.2021

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