Case Note & Summary
The appellant, Smt. Sanni @ Savitha, widow of deceased Sannu Gonda, filed an appeal under Section 30(1) of the Workmen's Compensation Act, 1923 against the judgment and award dated 18.05.2015 passed by the Senior Civil Judge, Kundapura in ECA No.33/2014, seeking enhancement of compensation. The deceased was working as a Compressor Driller under Respondent No.1 in a Mahendra Tractor bearing Regn.No.KA-20-N-2883. On 5.2.2012, during the course of employment, he met with an accident, sustained severe head injury, and died on the spot. The appellant, as his legal heir, filed a claim petition under Sections 8 and 10 of the Workmen's Compensation Act seeking compensation. The Tribunal partly allowed the claim and awarded compensation. The appellant, being dissatisfied, preferred this appeal for enhancement. The High Court, after hearing both sides, considered the notional income of the deceased as Rs.6,000/- per month, applied the relevant multiplier of 217.38 as per Schedule IV based on the deceased's age (25 years), and calculated loss of dependency as Rs.6,000 x 50% x 217.38 = Rs.6,52,140/-. Additionally, funeral expenses of Rs.2,500/- were awarded. The court set aside the Tribunal's award and enhanced the compensation to Rs.6,54,640/- with interest at 12% per annum from the date of accident till deposit. The respondent-insurance company was directed to deposit the enhanced amount within six weeks.
Headnote
A) Workmen's Compensation - Computation of Compensation - Multiplier Method - The court considered the proper method for calculating compensation under the Workmen's Compensation Act, 1923 for death of a workman, applying the multiplier based on age as per Schedule IV, and determining loss of dependency based on notional income. Held that the Tribunal erred in applying a lower multiplier and notional income, and enhanced compensation accordingly (Paras 5-8).
Issue of Consideration
Whether the compensation awarded by the Tribunal under the Workmen's Compensation Act, 1923 for the death of a workman is just and proper, and whether the appellant is entitled to enhancement.
Final Decision
Appeal allowed. The judgment and award dated 18.05.2015 in ECA No.33/2014 is set aside. The appellant is entitled to compensation of Rs.6,54,640/- with interest at 12% per annum from the date of accident till deposit. Respondent No.2-insurance company is directed to deposit the enhanced amount within six weeks.
Law Points
- Workmen's Compensation Act
- 1923
- Section 4
- Schedule IV
- multiplier method
- loss of dependency
- notional income
- funeral expenses
