Madras High Court
Sheikmastan Sherif vs Rasool on 19 January, 2021
C.M.A.No.2394 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.2394 of 2015
Sheikmastan Sherif .. Appellant
Versus
1.Rasool
2.National Insurance Co. Ltd.,
No.45, 5th Floor,
Moore Street,
Chennai – 1 .. Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 30 of the Workmen
Compensation Act 1923, to set aside the award dated 24.12.2013, made in
W.C.No.P.No.380/2012 on the file of the Deputy Commissioner of Labour –
II, Chennai.
For Appellant : Mr. K. Rajeshwaran
For Respondents : R1 – Ex-parte
R2 – Mr. S. Vadivel
1/6
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C.M.A.No.2394 of 2015
JUDGMENT
The award dated 24.12.2013, passed in W.C.No.380/2012 is under
challenge. The claimant filed the present appeal seeking enhancement of
compensation.
2. The appellant was working as a driver under the first respondent
in a lorry bearing Registration No.AP-07-TU-0995. On 04.06.2012, when
the appellant was working, met with an accident and the accident occurred
during the course of employment. Accordingly, the appellant filed an
application under Section 10 of the W.C.Act seeking Compensation. The
Deputy Commissioner of Labour adjudicated the issues with reference to
the documents and evidence and awarded a compensation of Rs.4,53,537/-.
3. The learned counsel for the appellant mainly contended that the
appellant was working as a driver and the monthly income of the appellant
was fixed as Rs.6,784/- which is lesser than the the wages fixed by the
Central Government under Section 4(1)(A) of the Employees Compensation
Act. In this regard, the amended wages are fixed by the Central
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C.M.A.No.2394 of 2015
Government in Notification dated 31.05.2010, wherein the amended wages
of Rs.8,000/- is fixed with effect from 18.01.2010. In the present case, the
accident occurred on 04.06.2012, it is to be clarified that the amended Act
came into force with effect from 18.01.2010 and the Notification was issued
in the Government Gazette of India dated 31.05.2010. Therefore, for the
purpose of grant of compensation, the date is to be taken as 18.01.2010,
when the amended Act, came into force. However, in the present case, the
accident occurred on 04.06.2012, and therefore, the Deputy Commissioner
of Labour ought to have fixed the monthly salary of the appellant as
Rs.8,000/- for the purpose of award of compensation. In view of the said
factum, the monthly salary fixed by the Deputy Commissioner of Labour as
Rs.6,784/- is enhanced to Rs.8,000/- and the interest of 12% is to be paid
from the date of accident.
4. Accordingly, the modified compensation of Rs.5,34,159/- is to be
paid to the appellant along with the interest at the rate of 12% per annum
from the date of accident. The second respondent National Insurance
Company is directed to deposit the modified award amount of Rs.5,34,159/-
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C.M.A.No.2394 of 2015
along with the 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 payments are to be made through RTGS.
Thus, the award dated 24.12.2013, passed in W.C.No.318/2012, stands
modified and C.M.A.No.2394/2015 stands allowed in part.
19.01.2021
Index: Yes/ No
AT
https://www.mhc.tn.gov.in/judis/
C.M.A.No.2394 of 2015
To
The Deputy Commissioner of Labour-II,
Chennai.
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C.M.A.No.2394 of 2015
S.M.SUBRAMANIAM,J.
AT
C.M.A.No.2394 of 2015
19.01.2021
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