R.Govindasamy vs K.Thenmozhi
2021 Latest Caselaw 1976 Mad

                                                                        C.M.A.No.1428 of 2018

                             IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 29.01.2021

                                                    CORAM

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

                                            C.M.A.No.1428 of 2018

                      R.Govindasamy
                                                                          ... Appellant
                                                      Vs.

                      1.K.Thenmozhi

                      2.The Oriental Insurance Company Ltd.,
                        115/116, Prakasam Salai,
                        Chennai 118.
                                                                          ..Respondents

                      Prayer : Civil Miscellaneous Appeal filed under Section 30 of the
                      Employees Compensation Act, 1923, against the award dated
                      24.10.2017 made in W.C.No.111 of 2014 on the file of the Deputy
                      Commissioner of Labour-I, Chennai-6 and the award copy was received
                      on 24.11.2017.

                               For Appellant      : M/s.M.Malar

                               For Respondents    : Ms.E.M.K.S.Sushmitha for R1
                                                    Mr.Arunkumar for R2




                      1/5
http://www.judis.nic.in
                                                                                C.M.A.No.1428 of 2018




                                                  JUDGMENT

The award dated 24.10.2017 in W.C.No.111 of 2014 is sought to

be set aside in the present civil miscellaneous appeal.

2. The claimant is the appellant and the application was filed

under Section 10 of the Workmen Compensation Act on the ground that

the appellant was employed with the first respondent as a driver in

Ashok Leyland Tanker bearing Registration No.TN-09-B-3137 on a

monthly salary of Rs.20,000/-. The appellant was aged about 50 years at

the time of accident. On 19.12.2013 at about 2.30 a.m. the appellant was

employed as driver and he was driving from Chennai Port Trust to

Villupuram. The vehicle met with an accident near Maraimalainagar. He

sustained grievous injury. The appellant was admitted in CMC,

Chengalpattu and taken treatment as inpatient and thereafter treatment

as outpatient. An application was filed seeking compensation. The

Deputy Commissioner of Labour adjudicated the issue with reference to

the documents and evidence produced by the respective parties.

http://www.judis.nic.in C.M.A.No.1428 of 2018

3. The grievance of the appellant is that the minimum wages fixed

by the Central Government in notification dated 31.05.2010 has not

been granted by the Deputy Commissioner of Labour. A monthly income

of Rs.7699/- was fixed instead of Rs.8000/- which was notified by the

Central Government under Section 4(1B) of the Act. Therefore, the

monthly income is to be revised and accordingly, the compensation is to

be enhanced.

4. This Court is of the considered opinion that the Central

Government issued a notification under Section 4(1B) of the Employees

Compensation Act, fixing the minimum wages of Rs.8000/- for the

purpose of grant of compensation. The Deputy Commissioner of Labour

committed an error in fixing a sum of Rs.7699/- which is lesser than that

of the minimum ceiling fixed by the Central Government in the

notification under the Act.

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

income of the appellant as Rs.8000/- instead of Rs.7699/-. Thus, the

appellant is entitled for the modified compensation amount of

http://www.judis.nic.in C.M.A.No.1428 of 2018

Rs.76,783/- inclusive of medical expenses. The second respondent

Insurance Company is directed to deposit the difference award 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 appellant is

permitted to withdraw the entire amount by filing appropriate application

and payments are to be made through RTGS.

6. Thus, the award dated 24.10.2017 made in W.C.No.111 of

2014 stands modified. C.M.A.No.1428 of 2018 stands allowed in part.

No costs.

29.01.2021 Index: Yes/No Internet:Yes/No Speaking order/Non-Speaking Order gsk

To The Deputy Commissioner of Labour-I, Chennai-6.

http://www.judis.nic.in C.M.A.No.1428 of 2018

S.M.SUBRAMANIAM, J.

gsk

C.M.A.No.1428 of 2018

29.01.2021

http://www.judis.nic.in