Madras High Court
Poongodi vs Zafullah Khan on 20 January, 2021
C.M.A.No.3422 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.01.2021
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
C.M.A.No.3422 of 2017
1.Poongodi
2.Minor Preethi
3.Minor Harish
4.Kuppusamy
5.Ellammal ..Appellants
Vs.
1.Zafullah Khan
2.The New India Assurance Company Limited,
No.45, Moore Street,
5th Floor,
Chennai. ..Respondents
Prayer : Civil Miscellaneous Appeal filed under Section 30 of the
Employees Compensation Act, 1923, against the award dated
06.03.2016 made in E.C.No.100 of 2015 on the file of the Deputy
Commissioner of Labour-II, Chennai and the cover of the order copy
was misplaced.
1/6
https://www.mhc.tn.gov.in/judis/
C.M.A.No.3422 of 2017
For Appellants : Mr.F.Terry Chellaraja
For Respondents : Mr.Neethiperumal for R2
R1-exparte
JUDGMENT
The award dated 06.03.2016 made in E.C.No.100 of 2015, is
under challenge in the present civil miscellaneous appeal.
2. The substantial question of law raised in the present appeal on
hand is that the monthly income fixed by the Deputy Commissioner of
Labour for the deceased is erroneous. The deputy Commissioner of
Labour fixed the monthly salary of Rs.8000/- as per the minimum wages
fixed by the Central Government in the year 2010. However, minimum
wages was subsequently revised by the Government of Tamil Nadu and
the minimum salary of Rs.9309/- was fixed in G.O.2D.No.91, Labour
and Employment Department, dated 12.12.2013.
3. The accident occurred on 20.02.2015 and the deceased Selvam
was working as a Load man under the first respondent herein. The legal
heirs of the deceased Selvam, filed an application seeking compensation
under the Workmen Compensation Act.
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C.M.A.No.3422 of 2017
4. The issues were adjudicated before the Deputy Commissioner
of Labour with reference to the issue of income and the fact regarding
the enhancement of minimum wages by the Government of Tamil Nadu
in Government Order dated 12.12.2013 and the relevant portion of the
findings are extracted hereunder:
“kDjhuh; jdJ kD kw;Wk; gpukhz
thf;FK:yj;jpy; tpgj;jpd; nghJ jhd; khj
rk;gskhf U:/7500-? kw;Wk; jpdghl;lhthf
U:/250/? bgw;wjhf bjhptpj;Js;shh;/ mjw;F
Mjhukhf Mtz';fnsJk; jhf;fy;
bra;ag;gltpy;iy/ vdnt jkpHf murhy;
eph;zapf;fg;gl;l Fiwe;jgl;r Cjpa murhiz
vz;/2o vz;/91. bjhHpyhsh; kw;Wk;
ntiytha;g;g[ Jiw (n$1) ehs; 12/12/2013 d;
go mog;gil rk;gsk; U:/4106/? mftpiyg;go
U:/5203/? Mf bkhj;jk; U:/9309/? I ,we;jth;
khj rk;gskhfg; bgw;whh; vd Kot[
bra;fpnwd;/ ,Ug;gpDk; gzpahsh; ,Hg;gPl;L
rl;lg;go tiuaWf;fg;gl;l rk;gskhd U:/8000/?
,Hg;gPl;Lf; fzf;fPl;ow;fhf vLj;Jf;
bfhs;sg;gLfpwJ/”””
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C.M.A.No.3422 of 2017
5. Though the Deputy Commissioner of Labour had taken note of
the minimum wages fixed by the Government of Tamil Nadu and the
said Government Order was also marked and the minimum wages was
fixed as Rs.9309/-, there is no reason to reduce the minimum wages for
Rs.8000/- for the purpose of calculation of compensation. Thus, the
Deputy Commissioner of Labour committed an error in fixing the
monthly income of the deceased person.
6. In view of the facts and circumstances, this Court is inclined to
enhance the monthly income of the deceased from Rs.8000/- to
Rs.9309/-. Thus, the appellants are entitled for the modified
compensation of Rs.8,22,051/- inclusive of funeral expenses along with
an interest at the rate of 12% per annum from the date of the accident
and the second respondent Insurance Company is directed to deposit the
modified award amount with accrued interest, within a period of 12
weeks from the date of receipt of a copy of this order and on such
deposit, the major appellants are directed to withdraw their respective
portion of the compensation amount by filing an appropriate application
and the payments are to be made through RTGS. As far as minors are
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C.M.A.No.3422 of 2017
concerned, their portions of compensation amount are to be deposited in
any of the Nationalised Bank in the interest bearing scheme till they
attain majority.
7. Accordingly, the award dated 06.03.2016 passed in
W.C.No.100 of 2015 stands modified and C.M.A.No.3422 of 2017
stands allowed in part. No costs.
20.01.2021
Index: Yes/No
Internet:Yes/No
Speaking order/Non-Speaking Order
gsk
To
The Deputy Commissioner of Labour II, Chennai.
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C.M.A.No.3422 of 2017
S.M.SUBRAMANIAM, J.
gsk
C.M.A.No.3422 of 2017
20.01.2021
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