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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE SATYEN VAIDYA
National Insurance Company Ltd. – Appellant
Versus
Trishala Devi – Respondent
JUDGMENT :
Satyen Vaidya, J.
The challenge in the instant appeal is to the award dated 27.10.2016, passed by the learned Commissioner under the Employees Compensation Act, 1923, Amb, District Una (hereinafter referred to as the Commissioner) in case No. 3/WCC/09.
2. The appellant/insurer by way of instant appeal has assailed the award as to quantum of compensation awarded by the learned Commissioner below.
3. The claim petition was filed under Section 22 of the Employees Compensation Act by the legal representatives of deceased Sh. Vijay Kumar, who had died on 13.5.2007 while driving Truck No.HP-20A-8962 in the course of his employment with the employer.
4. The Truck No. HP-20A-8962 was owned by the employer and the deceased Vijay Kumar had been employed as a driver to drive the same.
5. It was claimed in the claim petition that the deceased Vijay Kumar was being paid salary of Rs.5000/- per month by the employer. In addition, he was being paid a sum of Rs.50/- per day for daily diet expenses. In this manner the total monthly wages of the deceased were claimed at Rs.6500/-
6. The truck was alleged to be insured with the National Insurance Company Limited (for short the insurer).
7. The dec
The court clarified that under the Employees Compensation Act, the monthly wages for compensation must not exceed the statutory cap, and additional allowances cannot be included without evidence of s....
The court established that the amended cap on income under the Employee's Compensation Act must be applied, limiting compensation calculations accordingly.
The court upheld the Commissioner's compensation award, emphasizing that reasonable estimates for salary are acceptable in the absence of documentary evidence.
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.
It was for claimant to have opted for claim of compensation either under Workmen’s Compensation Act or under Motor Vehicles Act.
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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