Case Note & Summary
The appeal was filed by the legal representatives of the deceased workman, Maheshnayak, who died in an electrical accident while working for the respondents. The deceased was employed by the second respondent, an electrical contractor, and was working on a project for the first respondent, the electricity supply company. The accident occurred due to lack of safety equipment. The Commissioner for Workmen's Compensation awarded Rs.2,47,920/- as compensation. The appellants sought enhancement. The High Court found that the Commissioner had erred in calculating the compensation. The deceased was aged 25 years and earned Rs.3,000/- per month. Applying the correct factor from Schedule IV (216.91), the compensation was computed as Rs.3,90,438/-. The court also awarded interest at 12% per annum from the date of accident. The court held both respondents jointly and severally liable. The appeal was allowed in part, enhancing the compensation.
Headnote
A) Workmen's Compensation - Death of Workman - Computation of Compensation - Section 4, Workmen's Compensation Act, 1923 - The court considered the calculation of compensation for death of a workman aged 25 years with monthly wages of Rs.3,000/-. The Commissioner had awarded Rs.2,47,920/-. The High Court held that the compensation should be computed as per Schedule IV, applying a factor of 216.91 for age 25, resulting in Rs.3,90,438/-. The court also awarded interest at 12% per annum from the date of accident (Paras 5-8). B) Workmen's Compensation - Joint Liability - Principal Employer and Contractor - Section 12, Workmen's Compensation Act, 1923 - The court examined the liability of the principal employer (Electricity Supply Company) and the contractor. It held that both are jointly and severally liable for the death of the workman due to negligence in providing safety equipment. The court directed the respondents to pay the enhanced compensation with interest (Paras 9-10).
Issue of Consideration
Whether the compensation awarded by the Commissioner for Workmen's Compensation was just and proper, and whether the appellants are entitled to enhancement of compensation.
Final Decision
The appeal is allowed in part. The compensation is enhanced from Rs.2,47,920/- to Rs.3,90,438/-. The respondents are directed to pay the enhanced amount with interest at 12% per annum from the date of accident till the date of payment. The respondents are jointly and severally liable.
Law Points
- Employer's liability for compensation under Workmen's Compensation Act
- 1923
- Joint liability of principal employer and contractor
- Negligence in providing safety equipment
- Computation of compensation under Schedule IV
- Interest on delayed payment
