Case Note & Summary
The appeal arises from a judgment and order dated 9th October 2006 passed by the Commissioner, Workmen's Compensation, Akola in Workmen's Compensation Act Case No.8 of 2004, whereby compensation of Rs.6,68,130 was awarded to the respondents (claimants) who are the dependents of the deceased workman, G.M. Chavan. The appellant, Ravindra Vinayak Navghare, proprietor of M/s Sara Industries, employed the deceased as a skilled labourer (ITI trained in electrical fittings) at a promised wage of Rs.200 per day (Rs.6,000 per month). The deceased was taken from Murtijapur to Talawade, Pune, and met with an untimely death on 20th February 2004 in an accident arising out of and in the course of employment. The accident was reported to police, and the employer was prosecuted under Section 304-A of the Indian Penal Code. The claimants filed a claim for compensation of Rs.4,50,000. The Commissioner, however, awarded Rs.6,68,130. The appeal was admitted on the substantial question of law whether the Commissioner was justified in granting an amount exceeding the claim. The High Court held that the Commissioner exceeded his jurisdiction by awarding more than the claimed amount without any amendment of pleadings. The court reduced the compensation to Rs.4,50,000, the amount originally claimed, and directed the appellant to deposit the reduced amount within eight weeks, with the respondents entitled to withdraw the same. The appeal was partly allowed.
Headnote
A) Workmen's Compensation - Jurisdiction of Commissioner - Award Beyond Claim - The Commissioner under the Workmen's Compensation Act, 1923 cannot award an amount exceeding the sum claimed in the application without amendment of pleadings. The claimants had claimed Rs.4,50,000 but the Commissioner awarded Rs.6,68,130. Held that the Commissioner exceeded his jurisdiction and the award is reduced to the claimed amount. (Paras 2, 5-6) B) Workmen's Compensation - Computation of Compensation - Section 4 of Workmen's Compensation Act, 1923 - The compensation is computed based on the monthly wage and relevant factor. The deceased was earning Rs.6,000 per month. The Commissioner's calculation was not challenged on merits except for the quantum exceeding the claim. (Paras 3-4)
Issue of Consideration
Whether the learned Commissioner was justified in granting compensation of Rs.6,68,130 when the claimants had prayed for only Rs.4,50,000.
Final Decision
Appeal partly allowed. The compensation awarded by the Commissioner is reduced from Rs.6,68,130 to Rs.4,50,000. The appellant is directed to deposit the reduced amount within eight weeks, and the respondents are entitled to withdraw the same.
Law Points
- Workmen's Compensation Act
- 1923
- Section 4
- Section 10
- Section 19
- jurisdiction of Commissioner
- award beyond claim
- substantial question of law
- amendment of pleadings
