Lalilthambika Nair and Others vs P.P. Hassan Rawther Chackalackal House, Erumely, Kottayam - 686509 and National Insurance Co. Ltd., Sastri Road, Kottayam - 686001

Thottathil B. Radhakrishnan, J.—This appeal by the claimants in a Workmen''s Compensation case raises the only substantial question of law as to whether the Commissioner erred in fixing Rs. 3600/- as the monthly wages of the deceased workman. The date of accident and death is on 14.04.2007. As per the Workmen''s Compensation Act, 1923 as it stood at the relevant time, the monthly earning ought to have been taken is 4,000/- in view of explanation II to Section 4(1) of that Act. The Commissioner erred in law in taking the monthly wages as Rs. 3,600/- only. The appeal is hence entitled to succeed to that extend. Compensation that has to be paid is Rs. 4,000X50X186.90/100= Rs. 3,73,800/- . Deducting the amount of Rs. 3,36,420/- already awarded, the appellants are entitled to additional compensation of Rs. 37,380/- with the interest at 12% per annum thereon from 14.04.2007, the date of accident, till date of payment.

In the result over and above the impugned award, the appellants are granted a further award in this appeal, directing the opposite party No. 2 (respondent No. 2) to pay an amount of Rs. 37,380/- with interest at 12% per annum thereon from 14.04.2007 till date of payment. It is ordered that such amount shall be deposited before the Commissioner within a period of 45 days from the date of receipt of a copy of this judgment. No costs.