Back
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
M A CHOWDHARY
Oriental Insurance Co. Ltd., T.P. Hub, Jammu through Shri Hari Ram, Manager Incharge – Appellant
Versus
Parveen Akhtar W/O Rashid Ahmad – Respondent
JUDGMENT :
01. One Rashid Ahmad S/O Fateh Din R/O Village Pallan Tehsil Billawar District Kathua (hereafter called ‘deceased’) while driving Bus No. UP-22T-0010 died on 02.05.2011 as a result of the accident having taken place on 22.04.2011 near Peepli, Haryana. His dependants i.e. Parveen Akhtar (wife) and children laid a claim for grant of compensation for his death under the Employees Compensation Act, 1923 with the Commissioner under Employees Compensation Act i.e. Assistant Labour Commissioner, Kathua (in short, "Commissioner") asserting therein that the deceased- Rashid Ahmad was employed as a driver of the offending Bus by the respondent No. 1 – Shashinder Shokeen, the owner of the offending Bus which was insured with the respondent No. 2 – Oriental Insurance Co. Ltd. It was claimed that the deceased was 48 years of age at the time of his death and was receiving monthly wages of Rs. 15,000/-.
02. Pursuant to issuance of a notice, the respondents - owner and insurer of the offending vehicle in question, appeared and filed objections, controverting the assertions made in the claim petition.
03. On the basis of the pleadings of the parties, the following issues were raised by the
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 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 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....
Section 5 of Act, which deals with method of calculating monthly wages.
The court established that actual monthly income must be prioritized over fixed government notifications for compensation purposes, emphasizing the need for reasonable and just assessments in workmen....
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
