Sathya vs Kandasamy
2021 Latest Caselaw 1676 Mad

                                                                                   C.M.A.No.1915 of 2016

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED : 25.01.2021

                                                             CORAM

                                   THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM

                                                 C.M.A.No.1915 of 2016

                     1.Sathya

                     2.Minor Suman

                     3.Kandammal

                     4.Ramasamy
                                                                                     ... Appellants
                                                                Vs.
                     1.Kandasamy

                     2.National Insurance Company Limited,
                       146-N, Kumar Complex,
                       Tiruchengode.                                                   ..Respondents

                     Prayer : Civil Miscellaneous Appeal filed under Section 30 of the
                     Employees Compensation Act, 1923, against the order dated 10.06.2016
                     made in W.C.No.359 of 2012 – N.No.312 of 2015 on the file of the
                     Deputy          Commissioner      of     Labour/Commissioner     of    Workmen
                     Compensation Court, Salem.

                                     For Appellants         : Mr.C.Paraneedharan

                                     For Respondents        : Ms.N.B.Surekha


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https://www.mhc.tn.gov.in/judis/
                                                                                 C.M.A.No.1915 of 2016




                                                    JUDGMENT

The award dated 10.06.2016 passed in W.C.No.359 of 2012, is

under challenge in the present civil miscellaneous appeal.

2. The sole question of law raised in the appeal on hand is that the

monthly income of the deceased was erroneously fixed as Rs.6416/-

instead of Rs.8000/- which is the minimum wages notified by the

Central Government under Section 4(A) of the Employees

Compensation Act.

3. Admittedly, the accident occurred on 11.04.2012 and the

factum regarding the accident was established and the employee

employer relationship was also proved. The insurance policy was in

force.

4. The Deputy Commissioner of Labour adjudicated the issues

with reference to the documents and evidences and arrived a conclusion

that the deceased is entitled for compensation. However, the Deputy

https://www.mhc.tn.gov.in/judis/ C.M.A.No.1915 of 2016

Commissioner of Labour fixed the monthly income of the deceased as

Rs.6416/- which is lesser than the minimum wages notified by the

Central Government which is Rs.8000/- per month. Thus, the deceased

is entitled for fixing the monthly income of sum of Rs.8000/- per month

and the said amount is to be fixed for the purpose of calculating the

compensation.

5. Accordingly, this Court is inclined to enhance the monthly

income of the deceased from Rs.6416/- to Rs.8000/-. The revised

compensation is to be calculated as 8000x50/100x192.14 = 7,68,560.

Rs.5000/- is to be added for funeral expenses and the total compensation

payable is Rs.7,73,560/-. The appellants are entitled for the modified

compensation of Rs.7,73,560/- along with interest at the rate of 12% per

annum from the date of accident.

6. The second respondent Insurance Company is directed to

deposit the enhanced amount along with accrued interest within a period

of 12 weeks from the date of receipt of a copy of this order. On such

deposit, the major appellants alone are permitted to withdraw their

https://www.mhc.tn.gov.in/judis/ C.M.A.No.1915 of 2016

respective portion of the award by filing an appropriate application and

payments are to be made through RTGS. As far as the minor appellant is

concerned, the said amount shall be deposited in an interest bearing

scheme in any one of the Nationalized Bank and the same shall be

renewed periodically till he attain majority.

7. Accordingly, the award dated 10.06.2016 passed in

W.C.No.359 of 2012 is modified and C.M.A.No.1915 of 2016 stands

allowed in part. No costs.

25.01.2021 Index: Yes/No Internet:Yes/No Speaking order/Non-Speaking Order gsk

To

The Deputy Commissioner of Labour/ Commissioner of Workmen Compensation Court, Salem.

https://www.mhc.tn.gov.in/judis/ C.M.A.No.1915 of 2016

S.M.SUBRAMANIAM, J.

gsk

C.M.A.No.1915 of 2016

25.01.2021

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