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R. DEVDAS, C. M. JOSHI
Mala – Appellant
Versus
Master Heavy Lifters And Power – Respondent
JUDGMENT
C.M.JOSHI, J.
We have heard the learned counsel appearing for the appellant on admission.
2. The appellants are the petitioners before the learned Commissioner under Employees Compensation Act, 1923 cum Additional Senior Civil Judge, Basavana Bagewadi.
3. The appellants approached the learned Commissioner under Sec. 22 of the Employees Compensation Act, 1923 (hereinafter referred to as 'EC Act, 1923' for short) seeking compensation on account of death of Basavaraja. They contended that deceasedBasavaraja was working under respondent No.1 as a Coolie earning Rs.15, 000.00 per month and there exist a relationship of employer and employee. It was alleged that on 24/11/2017, the employee Basavaraja while working in NTPC premises at Kudagi near Railway Rack on coal bund, while sloping the coal, he slipped from the top and the coal fell on him causing severe injuries to him and later, he succumbed to the injuries.
4. The petition was resisted by the respondent No.2 contending that there were non-compliance of several requirements of law and the alleged incident was never reported to it by respondent No.1 and also that there was no such relationship of employer and employee betwe
The High Court dismissed the appeal, upholding the Commissioner's wage determination due to lack of evidence, thus affirming the procedural compliance under the Employees Compensation Act.
The Employee’s Compensation Act allows for compensation based on the actual monthly wages of an employee without a statutory cap, reflecting the legislative intent to provide fair compensation for wo....
The Employees’ Compensation Act mandates compensation based on actual wages without ceiling limits imposed by notifications, ensuring dependants receive just compensation according to incurred earnin....
Section 5 of Act, which deals with method of calculating monthly wages.
The court recalculated compensation based on Rs.4,000 monthly wages instead of Rs.8,000 due to statutory limitations outlined in the Employees Compensation Act, 1923.
The Commissioner for Employees' Compensation can award compensation beyond the amount claimed, reflecting a statutory duty to ensure just compensation based on actual wages, overriding limitations po....
When evidence of actual monthly wages is presented in compensation claims, the Commissioner must determine compensation based on actual wages rather than limiting it to the government-notified minimu....
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