Mr.Karl Marx vs R.Vijaya
2021 Latest Caselaw 1254 Mad

                                                                                 C.M.A.No.2747 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.2747 of 2017

                     Mr.Karl Marx                                                     ..Appellant
                                                            Vs.

                     1.R.Vijaya

                     2.Royal Sundaram Alliance Insurance Company Ltd.,
                       No.2, Subramaniam Building,
                       Club House Road,
                       Mount Road,
                       Chennai – 2.                                                 ..Respondents

                     Prayer : Civil Miscellaneous Appeal filed under Section 30 of the
                     Employees Compensation Act, 1923, against the award dated
                     19.12.2016 and made in W.C.No.195 of 2014 on the file of the Deputy
                     Commissioner of Labour-II, Chennai and cover in which the award sent
                     was received on 17.07.2017.

                                     For Appellant     : Mr.F.Terry Chellaraja

                                     For Respondents : R1-not ready in notice
                                                       Mr.G.Vasudevan for R2




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https://www.mhc.tn.gov.in/judis/
                                                                              C.M.A.No.2747 of 2017

                                                   JUDGMENT

This civil miscellaneous appeal has been filed against the award

dated 19.12.2016 made in W.C.No.195 of 2014 on the file of the Deputy

Commissioner of Labour-II, Chennai.

2. The substantial question of law mainly raised in the appeal on

hand is that the minimum wages notified by the Central Government has

not been fixed by the Deputy Commissioner of Labour for the purpose

of calculation of compensation.

3. The factum regarding the accident was not disputed by the

parties. The employee employer relationship was also established during

the cross of trial before the Deputy Commissioner of Labour. The award

was passed granting compensation of Rs.6,76,480/- along with interest

at the rate of 12% per annum.

4. However, the learned counsel for the appellant contended that

the Central Government fixed the minimum salary of Rs.8000/- per

month with effect from 18.01.2010 and the accident in the present case

https://www.mhc.tn.gov.in/judis/ C.M.A.No.2747 of 2017

occurred on 06.09.2013. While so, the Deputy Commissioner of Labour

has committed an error in fixing the monthly income of the claimant.

5. In view of the said fact, this Court is of the opinion that the

minimum wages fixed by the Central Government under Section 4(A) of

the Employees Compensation Act, is to be fixed mandatorily by the

Deputy Commissioner of Labour, if the salary of the claimant are less

than Rs.8000/-. In the present case, the Deputy Commissioner of Labour

has fixed the monthly salary as Rs.7699/-. Thus, this Court is inclined to

enhance the monthly salary of the claimant as Rs.8000/- as per the

notification issued by the Central Government with effect from

18.01.2010.

6. Accordingly, the appellant is entitled for the modified

compensation of Rs.7,00,314/-, inclusive of medical bills, along with

interest at the rate of 12% per annum with effect from the date of the

accident. 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. On such

https://www.mhc.tn.gov.in/judis/ C.M.A.No.2747 of 2017

deposit, the appellant is permitted to withdraw the amount by filing

appropriate application and the payments are to be made through RTGS.

7. Thus, the award dated 19.12.2016 in W.C.No.195 of 2014

stands modified and C.M.A.No.2747 of 2017 stands allowed in part. No

costs.

20.01.2021 Index: Yes/No Internet:Yes/No Speaking order/Non-Speaking Order gsk

https://www.mhc.tn.gov.in/judis/ C.M.A.No.2747 of 2017

To

The Deputy Commissioner of Labour-II, Chennai.

https://www.mhc.tn.gov.in/judis/ C.M.A.No.2747 of 2017

S.M.SUBRAMANIAM, J.

gsk

C.M.A.No.2747 of 2017

20.01.2021

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