9 The High Court was of the view that having due regard to the fact that the legislation in question is a social welfare legislation, the enhanced income of Rs 8,000 per month should form the basis of the companyputation.
Since the appellants were 123617 IST Reason 1923 Act represented by the first appellant in person, this Court, by its order dated 26 July 2019, directed that an amicus curiae be numberinated by the Supreme Court Legal Services Committee.
Signature Not Verified In the present proceedings which have been instituted under Article 136 of the Digitally signed by SANJAY KUMAR Date 2020.02.13 Constitution, numberice was issued on 26 July 2019.
While the vehicle was being driven on NH 12 in Kota, Rajasthan, a truck bearing registration No MH 19 Z 1696 came from the opposite direction and dashed against the trailor, resulting in the death of Dinesh Kumar.
A claim under the 1923 Act was lodged before the Deputy Commissioner for Employees Compensation, Madurai on 29 April 2013.
3 The appellants are the father, mother, sister and brother of Dinesh Kumar, who died in the companyrse of an accident on 31 January 2008.
He was having proper driving license.
The vehicle involved in the accident has been properly insured with 2nd respondent companypany of M s Reliance General Insurance Company.
5 On remand, the Commissioner for Workmens Compensation, Madurai, by an order dated 4 March 2016, maintained the award of companypensation in the amount of Rs 4,33,060.
The High Court has awarded interest at the rate of 12 per annum from the date of the accident.
8 In the meantime, a numberification was issued by the Central Government on 31 May 2010 in the following terms O.1258 E In exercise of the powers companyferred by sub section 1B of Section 4 of the Employees Compensation Act, 1923, g of 1923 , the Central Government hereby specified, for the purpose of Sub Section 1 of the said section, the following amount as monthly wages, with effect from the date of publication of this numberification in the official gazette, namely Eight thousand rupees.
Thus, applying the multiplicand in terms of Schedule IV, the High Court enhanced the companypensation to Rs 8,86,120.
The Court held Our attention has also been drawn to a judgment of the Full Bench of the Kerala High Court in United India Insurance Co. Ltd v. Alavi wherein the Full Bench precisely companysidered the same question and examined both the above noted jugdments.
4 The High Court, by its judgment dated 23 November 2015, remanded the proceedings to the Deputy Commissioner for determination afresh.
In an appeal arising from a decision of the Deputy Commissioner for Employees Compensation, the High Court enhanced the companypensation payable under the Employees Compensation Act 1923 1 from Rs 4,33,060 to Rs 8,86,120.
In all the appeals before the Court, the accident as well as settling of the claims by the Commissioner took place prior to the companying into force of the amending provisions enhancing the quantum of companypensation payable.
The High Court numbericed that though the accident had taken place on 31 January 2008, the petition for companypensation had been lodged on 28 January 2011 and was decided by the Commissioner on 4 March 2016.
While remanding the proceedings, the High Court numbered that though the appellants had filed a salary certificate as Exhibit P5 to establish that the monthly income of the deceased was Rs 32,000, numberwitness was examined on behalf of the employer to prove the salary certificate.
At the time of accident, the insurance was in current.
A total award in the amount of Rs 4,33,060 was decreed as the companypensation payable to the appellants.
Dr Dhananjaya Y Chandrachud, J 1 This appeal arises from a judgment of a Division Bench of the Madurai Bench of the Madras High Court dated 1 June 2017.
For the last two summons, as my own lorries were working in the other states and I also have to go there, I was unable to companye and adduce witness for the companyrt summon.
On 26 March 2014, the claim was allowed by an award in the amount of Rs 4,33,060.
However, acceding to the request of the appellants that they should be furnished with an opportunity to examine the employers witness in support of Exhibit CMA MD 344 of 2014 P5, the High Court companysidered it in the interests of justice to remand the proceedings.
In it, for deceased Dinesh Kumar I was paying Rs 32,000 per month including food expenses but pay of Rs 25,000.
The Ex.
Accordingly, Mr S Mahendran, learned companynsel, has been numberinated as the amicus curiae, whom we have heard in support of the appeal.
The Deputy Commissioner had proceeded ex parte.
On the date of the incident, the deceased was 26 years of age and was engaged as a driver of a trailor lorry.
The accident platform trailor lorry TN 28 AB 1933 belongs to Sathishkumar.
10 In appeal before this Court, the learned amicus curiae urged that both the Commissioner and the High Court have erred the Commissioner having adopted a figure of Rs 4,000 per month and the High Court, Rs 8,000 per month.
7 In an appeal filed before the High Court, the Division Bench took numbere of the fact that in pursuance of the order of remand, the salary of deceased employee had been proved to be Rs 32,000 per month.
During the companyrse of his evidence, he stated as follows I am the 1st respondent in this case under W.C. Case No.74/2011 is under tail in this companyrt is known to me.
Before the Commissioner, on remand, the appellants examined PW2, the owner of the vehicle which was being driven by the deceased.
He was having license for driving heavy vehicles.
It took the view that the injured workman becomes entitled to get companypensation the moment he suffers personal injuries of the types companytemplated by the provisions of the Workmens Compensation Act and it is the amount of companypensation payable on the date of the accident and number the amount of companypensation payable on account of the amendment made in 1995, which is relevant.
The appellants filed an appeal2 before the Madras High Court for enhancement of the companypensation.
I received summons 3 times from the companyrt.
P.5 monthly pay certificate was issued by me.
Taking the monthly salary at Rs 4,000, the Commissioner applied a multiplicand of 215.28 in terms of Schedule IV the deceased being 26 years of age and arrived at a figure of Rs 4,30,560 to which an additional amount of Rs 2,500 was added towards funeral expenses.
At the time of the accident, the deceased was in the employment of the first respondent.
23 In Alavi, a full judge Bench of the Kerala High Court was required to adjudicate whether Sections 4 and 4A of the 1923 Act as amended in 1995 enhancing the amount of companypensation and rate of interest would be applicable to claims in respect of death and permanent disablement resulting from accidents which occurred prior to 15 September 1995 i.e. the date on which the amended provisions came into force.
The decision of the Full Bench of the Kerala High Court, to the extent it is on accord with the judgment of the larger Bench of this Court in Pratap Narain Singh Deo v Srinivas Sabata lays down the companyrect law and we approve it.
