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Judgment
A.S. Bopanna, J.—The Appellants were the claimants before the Commissioner for Workmen''s Compensation in CTA/CR-33/2006. The Commissioner has awarded the compensation of Rs. 3,32,055/- in respect of the death of the son of the claimants, The claimants are seeking enhancement, of the compensation.
Heard the learned Counsel for the parties and perused the appeal papers.
Learned Counsel for the Appellants while seeking enhancement of the compensation would contend that the Commissioner was not justified in rescoring only Rs. 3,000/- per month as wages. It is contended that the claimants had stated that the deceased was earning a sum of Rs. 4,000/- per month as wages and he was also being paid allowance of Rs. 90/- pet day. It is therefore contended that the Commissioner ought to have considered the income as stated by the claimant and therefore the compensation awarded requires to be enhanced keeping in view the wages as claimed by the claimants
Learned Counsel for the 2nd Respondent - Insurance Company while supporting the judgment of the Commissioner would contend that the issue relating to the wages has been consider ad by the Commissioner. Even though such a claim had been made before the Commissioner the Commissioner had noticed that the same, has not been established and as such notional wage that is payable to the cleaner has been reckoned which is appropriate and the same does not call for enhancement. It is therefore contended that the Commissioner was justified in its conclusion and the same does not call for interference nor there is any scope for endangerment of the compensation.
Having heard the learned Counsel for the parties and a perusal of the award passed by the Commissioner, it is seen that the question for consideration in the present appeal is as to whether the Commissioner was justified in reckoning the income. In this regard, a perusal of the award of the Commissioner would indicate that the Commissioner considered this aspect of the matter while deciding point No. 3 In this regard, the claimants have contended that their deceased son was working as a cleaner in the lorry bearing No. KA 16 9597. It was contended that he was being pad wages of Rs. 4000/- per month and Rs. 90/- as daily allowance. Except the oral say of the claimants, there is no other material available on record. The employer has not taken any specific stand before the Commissioner. In that circumstances, the Commissioner did not deem it fit to rely on the claim made by the claimants and has fixed the monthly wages at Rs. 3000/-. The Commissioner however has not indicated specific reasons in reckoning the said sum. Therefore, the same requires consideration by this Court.
If this aspect is kept in view considering the fact that the deceased was working as a cleaner in the lorry and the accident occurred on 21.03.2005, it is seen that even in respect of a coolie the notional wage of Rs. 100/- per day was being considered in the absence of evidence, during the said period. Therefore, keeping this aspect in view and also noticing that a person working in the lorry as a cleaner would be paid monthly wages and also some daily allowance and such amount would be, slightly more than, which would, he paid to a normal coolie, Hence, it would be appropriate to reckon the income at Rs. 120/- per day inclusive of daily allowance. If the same is done, monthly wages would be in a sum of Rs. 3600/- 50% of the said sum is to be reckoned for the purpose of calculation of the amount of compensation. If the relevant factor as reckoned by the Commissioner is taken and the compensation is re-worked, the claimants would be entitled to a sum of Rs. 3,98,466/-. Since the Commissioner has already awarded a sum of Rs. 3,32,055/-, the claimants would be entitled to receive enhanced compensation of Rs. 66,411/-. The said amount is payable with interest at 12% per annum from 30 days after the date of accident till the same is deposited by the Insurance Company. The Insurance Company shall deposit the said amount within a period of six weeks from the date of receipt of a copy of this judgment. On deposit, the entire amount shall be disbursed to the claimants.
In terms of the above, the appeal stands disposed of. No order as to costs.