Case Note & Summary
The case arises from a fatal accident on 31st January 2003, when the deceased Parmeshwar, while driving a truck during the course of his employment, was hit by an oncoming truck and died on the spot. The appellants, being the widow, minor son, and parents of the deceased, filed a claim petition before the Commissioner for Workmen's Compensation and Judge, Labour Court, Latur (trial court) under the Workmen's Compensation Act, 1923. The trial court awarded compensation based on a monthly income of Rs.2,000. Aggrieved by the quantum, the appellants appealed for enhancement. The sole legal issue was whether the trial court correctly assessed the deceased's monthly income. The appellants argued that evidence on record showed the deceased was earning Rs.4,000 per month as a driver, but the trial court erroneously considered only Rs.2,000. The respondent insurance company did not contest the appeal. The High Court, after perusing the record, found that the trial court had not properly considered the evidence regarding income. The court noted that the deceased was a driver and the evidence indicated a salary of Rs.4,000 per month. Accordingly, the court held that the monthly income should be taken as Rs.4,000. The court directed the trial court to recompute the compensation amount based on this income and pay the enhanced amount with interest at 9% per annum from the date of the claim petition. The appeal was allowed in part, with no order as to costs.
Headnote
A) Workmen's Compensation - Computation of Compensation - Monthly Wages - Section 4 of the Workmen's Compensation Act, 1923 - The court considered the proper assessment of monthly wages of a deceased driver for computing compensation under the Act. The trial court had assessed income at Rs.2,000 per month despite evidence showing salary of Rs.4,000 per month. The High Court held that the income should be taken as Rs.4,000 per month and directed recomputation of compensation accordingly (Paras 4-5).
Issue of Consideration
Whether the trial court erred in assessing the monthly income of the deceased driver at Rs.2,000 instead of Rs.4,000 as per evidence, and whether the compensation amount should be enhanced accordingly.
Final Decision
The appeal is partly allowed. The trial court is directed to recompute the compensation amount considering the monthly income of the deceased as Rs.4,000 and pay the enhanced amount with interest at 9% per annum from the date of the claim petition. No order as to costs.
Law Points
- Workmen's Compensation Act
- 1923
- Section 4
- computation of compensation
- monthly wages
- interest rate
Case Details
2022 LawText (BOM) (08) 53
First Appeal No.1486 of 2004
Mr.R.B.Deshmukh for appellants, Mr.S.S.Dargad holding for Mr.S.G.Chapalgaonkar for respondent no.2
Sunita w/o. Parmeshwar Apasanwad, Tukaram s/o. Parmeshwar Apasanwad, Vishwanath Narsing Apasanwad, Jijabai w/o Vishwanath Apasanwad
Sandipan Dyanoba Tathapare, New India Assurance Co. Ltd.
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Nature of Litigation
Appeal against judgment and award of Commissioner for Workmen's Compensation and Judge, Labour Court, Latur in WCA No.33/2003, seeking enhancement of compensation.
Remedy Sought
Appellants (original claimants) sought enhancement of compensation amount awarded by the trial court.
Filing Reason
The trial court assessed the deceased's monthly income at Rs.2,000 instead of Rs.4,000 as per evidence, leading to lower compensation.
Previous Decisions
The trial court (Commissioner for Workmen's Compensation and Judge, Labour Court, Latur) passed judgment and award in WCA No.33/2003, awarding compensation based on Rs.2,000 per month income.
Issues
Whether the trial court erred in assessing the monthly income of the deceased at Rs.2,000 instead of Rs.4,000.
Submissions/Arguments
Appellants' counsel contended that the trial court did not properly consider the income of the deceased, which was Rs.4,000 per month as per evidence, and that the compensation should be enhanced.
Ratio Decidendi
The court held that the trial court had not properly considered the evidence regarding the deceased's income, which was Rs.4,000 per month, and therefore the compensation must be recomputed based on that income under Section 4 of the Workmen's Compensation Act, 1923.
Judgment Excerpts
It is the contention of the learned counsel for the appellants that the trial Court has not properly considered the income of the deceased. The deceased was driver. The trial Court has considered the income of the deceased of Rs.2,000/- per month. In the evidence, it has come on record that the deceased was getting salary of Rs.4,000/- per month but this fact was not considered by the trial Court.
Considering the submissions, perused the record. The trial Court has not properly considered the income of the deceased. The deceased was driver. In the evidence, it has come on record that the deceased was getting salary of Rs.4,000/- per month. Hence, the income of the deceased is required to be considered as Rs.4,000/- per month.
Procedural History
The original claimants filed WCA No.33/2003 before the Commissioner for Workmen's Compensation and Judge, Labour Court, Latur, which awarded compensation. Aggrieved, the claimants filed First Appeal No.1486 of 2004 before the Bombay High Court, Bench at Aurangabad, which was heard and decided on 25.08.2022.
Acts & Sections
- Workmen's Compensation Act, 1923: Section 4
