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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE SATYEN VAIDYA
ICICI Lombard General Insurance Ltd. – Appellant
Versus
Sonia Sharma – Respondent
JUDGMENT :
Satyen Vaidya, J.
1. The instant appeal has been filed against award dated 05.10.2017, passed by Commissioner under Employee's Compensation Act Arki, District Solan, H.P in Case No. 3/2 of 2013 (16/2013).
2. The appeal is by the insurer, who has been saddled with the liability to satisfy the award.
3. Respondents No.1 and 2 (hereinafter referred to as “the claimants”) preferred their claim before the Commissioner under Employee’s Compensation Act, Arki, District Solan seeking compensation on account of death of Shri Suresh Kumar. It was alleged that Shri Suresh Kumar was employed as driver to drive truck bearing registration No.HP-51B-2550 by respondent No.3 (hereinafter referred to as “the owner/employer”). The death of Shri Suresh Kumar had taken place on 16.08.2012 during the course of his employment with the owner/employer as the truck driven by him met with an accident.
4. Deceased Shri Suresh Kumar was stated to be aged 36 years at the time of his death. As per the claimants, he was earning monthly wages from the owner/employer and in addition he had income from the agriculture also.
5. The claim petition was contested by the owner/employer and insurer separately.
6. Lear
The court established that the amended cap on income under the Employee's Compensation Act must be applied, limiting compensation calculations accordingly.
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....
Compensation under the Employees' Compensation Act must adhere to statutory minimum wages, ensuring accurate wage calculations for deceased employees.
It was for claimant to have opted for claim of compensation either under Workmen’s Compensation Act or under Motor Vehicles Act.
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 insurer's liability in a Workmen's Compensation case is dictated by the declared salary in the policy, and penalties for delay must comply with statutory requirements.
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.
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