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NYAPATHY VIJAY
New India Assurance Company Limited – Appellant
Versus
Fazlunnisa Begum – Respondent
JUDGMENT :
NYAPATHY VIJAY, J.
1. The present C.M.A is filed under Section 30 of the Employees' Compensation Act, 1923 against the Order in W.C.No.5 of 2002 dated 08.01.2004 on the file of the Assistant Commissioner of Labour for Workmen's Compensation, Adoni, Kurnool District.
2. The facts leading to this appeal are as follows:-
The deceased by name H. Imtiyaz Khan was working as driver of lorry bearing No.KA 36 A 1188 owned by O.P.No.I. While the lorry was being driven by the deceased on 07.12.2002, the lorry met with an accident and fell on the side of the road in the village limits of Adoni- Virupapuram road near Adoni town. The deceased died in the accident. The Adoni Taluk P.S., registered the Crime No.62/22002 under Section 337 and 304-A IPC. As the deceased was aged about 32 years at the time of accident, employed by O.P.No.I and earning an amount of Rs.3,500/- per month as salary, the mother and the brothers of the deceased filed the claim for compensation.
3. The O.P.No.I remained ex parte. The O.P.No.II filed counter admitting the accident and the death of the deceased and admitted to the existence of the policy in respect of the offending lorry as on the date of the accident.
The court upheld the Commissioner's compensation award, emphasizing that reasonable estimates for salary are acceptable in the absence of documentary evidence.
The appeal under Section 30 of the Workmen’s Compensation Act is limited to substantial questions of law, and the Commissioner’s findings on facts are final unless proven perverse.
The appellate court can receive additional evidence under Section 30 of the Employees Compensation Act, emphasizing the insurance company's duty to produce relevant documents for fair adjudication.
The central legal point established in the judgment is the assessment of the deceased's monthly wages in accordance with the provisions of the Employees Compensation Act and relevant case law.
The court affirmed that a heart attack can be deemed a work-related death if employment stress is a contributing factor.
The insurance policy under the Workmen’s Compensation Act covers employees, including second drivers, affirming their entitlement to compensation for work-related injuries.
Compensation under the Employees' Compensation Act must adhere to statutory minimum wages, ensuring accurate wage calculations for deceased employees.
The interpretation of the salary component and allowances in workmen compensation cases should be based on evidence presented and the absence of contradictory evidence.
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