2013 AAC 854 (MP)

Madhya Pradesh High Court

Hon'ble Judge(s): A. K. Shrivastava , J

( A ) Employees’ Compensation Act (8 of 1923) S. 10 — Compensation — Assessment by Commissioner — Proof of salary — Deceased aged 20 years employed as cleaner of truck, died in accident during course of employment — Admittedly he was paid salary of Rs. 4000/- as specifically stated by employer in his written statement — Compensation granted by Commissioner by fixing income of deceased according to minimum wage — Would be on lower side — Even though deceased not assigned duty throughout month, former admission of amount of salary by employer and insurer binding on parties, on higher footing and requires no proof — Commissioner erred in passing award by fixing minimum wage in order to calculate compensation. Evidence Act (1 of 1872), S. 58. AIR 1974 SC 471 and AIR 2009 SC 2463, Relied on. (Paras9)

( B ) Employees’ Compensation Act (8 of 1923) S. 10 — Enhancement of Compensation — Assessment — Deceased aged 20 years, employed as cleaner of truck, died of accident during course of employment of salary of Rs. 4000/- — Not working throughout month hence number of days a month computed to be 25 days — According to Sch. IV of Act 1923 relevant factor to be 224 — Because of death of workmen 50% to total wages fixed and multiplied by factor 224% compensation computed to be Rs. 4,03,200/- with interest of 12% per annum from date of accident — Compensation enhanced from Rs. 2,49,984/- to Rs. 4,03,200/-. 2012 AAC 2775, Rel. on. (Paras10)