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P. SOMARAJAN
Fertilizers And Chemicals Travancore Limited Represented By Its Chairman And Managing Director, Through His Constituted Attorney Dilip Mohan, Senior Manager (Legal Services), The Fertilizers And Chemicals Travancore Limited. – Appellant
Versus
Sushama Kumari, W/o. Late V. N. Sasi – Respondent
JUDGMENT :
1. A substantial question of law was raised as to the permissibility of accepting the actual salary of the deceased as on the date of death, for fixation of compensation in a proceedings initiated under the Employee's Compensation Act, 1923. The Compensation Commissioner has awarded an amount of Rs.33,35,690.45 with interest, based on the last drawn salary of the deceased, which comes to Rs.47,950/-. The alleged incident happened on 23.01.2011 and the victim fell down in a mixing pit of sulfuric acid and had sustained 20% burn injury. During the course of treatment, he met with a sad death due to myocardial infraction. The trial court has applied 50% of the last drawn salary and arrived at a compensation of Rs.33,35,690.45 and passed an award accordingly.
2. It was submitted by the learned counsel for the appellant that it is Section 4(1) of the Employee's Compensation Act, 1923 which governs the area and the compensation has to be calculated by applying 50% of the 'monthly wages' of the deceased employee multiplied by the relevant factor. It is also brought to the notice of this court as per the proviso attached to Section 4(1)of the Act, the Central Government may, by
Section 5 of Act, which deals with method of calculating monthly wages.
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 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....
The Employee’s Compensation Act allows for compensation based on actual wages proven by the employee or their legal heirs, overriding the Central Government's notification of a fixed wage cap when ev....
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....
The court held that the Commissioner must adhere to the wage cap of Rs. 8,000/- as per the Central Government notification when calculating compensation under the Employees Compensation Act.
The court affirmed that actual wages can be considered over government notifications for compensation in employee injury cases, provided they are proven under Section 5 of the Employee's Compensation....
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