Madras High Court
Mr.S.Rajendran vs Mr.Sampath on 18 January, 2021
C.M.A.No.2111 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.01.2021
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
C.M.A.No.2111 of 2014
Mr.S.Rajendran ..Appellant
Vs.
1.Mr.Sampath
2.The Branch Manager,
United India Insurance Company Limited,
Tharapur Towers,
826, Anna Salai,
Chennai 600 002.
..Respondents
Prayer : Civil Miscellaneous Appeal filed under Section 30 of the
Workmen's Compensation Act, 1923, against the Award dated
25.06.2014, made in W.C.No.326 of 2012 on the file of the Deputy
Commissioner of Labour-II, Chennai.
For Appellant : Mr.F.Terry Chellaraja
For Respondents : Mr.G.Udayasankar for R2
Batta due for R1
1/6
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C.M.A.No.2111 of 2014
JUDGMENT
The award dated 25.06.2014 passed in W.C.No.326 of 2012 is
under challenge in the present civil miscellaneous appeal, mainly on the
ground that the compensation awarded is inadequate and not in
commensurate to the gravity of injuries sustained by the appellant.
2. The appellant was working as a Driver in Auto bearing
Registration No.TN-07-AF-2379 under the first opposite party. He was
receiving a salary of Rs.450/- per day as daily wage employee. At the
time of accident, the appellant was aged about 54 years. The Auto
dashed against the MTC Bus bearing Registration No. TN-01-N-4521.
As a result, the appellant sustained grievous injury. He was admitted in
CM Hospital, Perungudi, Chennai and undergone treatment. Thereafter,
the appellant filed a claim petition under the Employees Compensation
Act.
3. The Deputy Commissioner for Workmen Compensation Labour
adjudicated the issues and passed an award holding that the appellant is
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C.M.A.No.2111 of 2014
entitled for compensation of Rs.2,91,317/- along with interest at the rate
of 12% per annum.
4. The learned counsel for the appellant mainly contended that the
monthly salary of Rs.7755/- fixed by the Deputy Commissioner of
Labour is erroneous in view of the fact the salary for the employee under
the Employees Compensation Act was amended and the Central
Government issued notification stating that Rs.8000/- would be the
minimum salary with effect from 18.01.2010. The notification was
issued on 31.05.2010.
5. When the effect of the notification was given with effect from
18.01.2010, in all the cases decided thereafter, the minimum salary for
the employees is to be fixed as Rs.8000/- per month. In the present case,
the Deputy Commissioner of Labour has fixed the monthly salary of
Rs.7755/- per month. Thus, this Court is of the opinion that the
minimum salary fixed by the Central Government is to be adopted.
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C.M.A.No.2111 of 2014
6. In the present case, the notification was issued by the
Government unambiguously stating that the amount of monthly wages
with effect from the date of publication is fixed as Rs.8000/-. Thus, the
appellant is entitled for monthly salary of Rs.8000/- as may be fixed by
the Government of India under Section 4(1) of the Employees
Compensation Act, 1923.
7. This Court is of the considered opinion that in the present case,
the Deputy Commissioner of Labour fixed the salary as Rs.7755/- which
is to be enhanced as Rs.8000/-. Accordingly, the revised compensation
to be granted to the appellant is Rs.3,00,522/-.
8. Thus, the appellant is entitled for total compensation of
Rs.3,00,522/- along with interest at the rate of 12% per annum as per
Section 4(A) 3(a) of the Employees Compensation Act. The interest is to
be calculated from the date of the accident. Accordingly, the
respondents are directed to deposit the entire modified award amount
along with the 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
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C.M.A.No.2111 of 2014
directed to withdraw the entire compensation amount by filing
appropriate application before the competent authority and the payments
are to be made through RTGS.
9. Accordingly, the award dated 25.06.2014 in W.C.No.326 of
2012, stands modified and C.M.A.No.2111 of 2014 stands allowed in
part.
18.01.2021
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.2111 of 2014
S.M.SUBRAMANIAM, J.
gsk
C.M.A.No.2111 of 2014
18.01.2021
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