Madras High Court
Tmt.Kupayee vs Tmt.Balamani on 22 January, 2021
C.M.A.No.1535 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22-01-2021
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
CMA No.1535 of 2015
Tmt.Kupayee .. Appellant
vs.
1.Tmt.Balamani
2.M/s.United India Insurance Company Ltd.,
5-B/11, State Bank Upstairs,
Salem Road,
Rasipuram-637 408.
(R-1 remained ex parte before the Deputy
Commissioner of Labour, Salem and hence
R-1 is given up in this appeal) .. Respondents
PRAYER : Civil Miscellaneous Appeal is preferred under Section 30 of the
Workmen Compensation Act, against the Award dated 31.03.2010 made in
W.C.No.138 of 2007 on the file of the Deputy Commissioner of Labour,
Salem.
For Appellant : Mr.Ma.P.Thangavel
1/6
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C.M.A.No.1535 of 2015
For Respondent-1 : No Appearance
For Respondent-2 : Ms.R.Srividhya
JUDGMENT
The Award dated 31.03.2010 passed in W.C.No.138 of 2007 by
the Deputy Commissioner of Labour, Salem, is under challenge in the
present Civil Miscellaneous Appeal.
2. The substantial questions of law raised are that whether the
Deputy Commissioner of Labur is correct in not following the Minimum
Wages Act for the workmen serving in the cadre of Cleaner, so as to fix the
income for calculating compensation?; and whether the Deputy
Commissioner of Labour is correct in not awarding interest at 12% per
annum from 30 days from the date of accident?
3. As far as the factum regarding the accident is concerned, there
is no dispute between the parties.
4. Learned counsel for the appellant mainly contended that the
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C.M.A.No.1535 of 2015
present Civil Miscellaneous Appeal is filed mainly on the ground that the
monthly income of the claimant was fixed as Rs.3,689/- and the minimum
wages fixed as per the Central Government in the Notification No.4-A of
the Workmen Compensation Act, is Rs.4,000/- per month.
5. The accident occurred on 26.12.2006. Thus, the minimum
wages of Rs.4,000/- per month is to be fixed for the purpose of calculating
compensation.
6. This Court is of the considered opinion that in the event of not
establishing the monthly income with some evidence, then the Deputy
Commissioner of Labour is bound to fix the minimum wages as notified by
the Central Government under Section 4-A of the Employees Compensation
Act.
7. In the present case, the Deputy Commissioner of Labour fixed
a sum of Rs.3,689/- as the monthly income and the said amount is enhanced
as Rs.4,000/- per month for the purpose of calculating compensation.
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C.M.A.No.1535 of 2015
8. Accordingly, this Court is inclined to enhance the monthly
income of the claimant from Rs.3,689/- to Rs.4,000/-. Thus, the total
compensation to be paid to the appellant-claimant is Rs.4,27,140/-.
9. In this view of the matter, the second respondent-United India
Insurance Company is directed to deposit the entire modified compensation
of Rs.4,27,140/- along with interest at the rate of 12% per annum from the
date of accident till the date of deposit and on such deposit, the appellant-
claimant is directed to withdraw the entire Award amount by filing an
appropriate application before the Competent Authority and payments are to
be made through RTGS.
10. Learned counsel for the second respondent-Insurance
Company made a submission that they have already deposited the Award
amount. Thus, they are directed to deposit the balance amount as per the
modified compensation, within a period of twelve weeks from the date of
receipt of a copy of this judgment.
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C.M.A.No.1535 of 2015
11. Accordingly, the Award dated 31.03..2010 passed in W.C.
No.138 of 2007 by the Deputy Commissioner of Labour, Salem, stands
modified and consequently, Civil Miscellaneous Appeal No.1535 of 2015
stands allowed in part. However, there shall be no order as to costs.
22-01-2021
Speaking Order/Non-Speaking Order.
Internet : Yes/No.
Index: Yes/No.
Svn
To
The Deputy Commissioner of Labour,
Salem.
S.M.SUBRAMANIAM, J.
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C.M.A.No.1535 of 2015
Svn
C.M.A.No.1535 of 2015
22-01-2021
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