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S. M. SUBRAMANIAM
P. Marimuthu – Appellant
Versus
Hot Chips Restaurants (P) Ltd. – Respondent
JUDGMENT :
(Prayer: Civil Miscellaneous Appeal filed under Section 30 of the Workmens' Compensation Act, against the Award dated 02.08.2017 and made in W.C.No.29/2014 on the file of the Deputy Commissioner for Workmen's Compensation-II, Chennai -6 and the award copy was received on 28.06.2018.)
1. The Award dated 02.08.2017 passed in W.C.No.29/2014 is under challenge in the present Civil Miscellaneous Appeal.
2. The claimant is the appellant and the Claim Petition is filed under Section 10 of the Workmen Compensation Act on the ground that on 14.04.2013 at about 06.15 hrs, when the claimant was employed as a Driver in Auto bearing Registration No.TN-07-S-5605 belonged to the 1st respondent, he met with an accident in Purasawakkam High Road junction of millers road and sustained grievous injuries. He sustained crush injuries in both legs, multiple grievous burning injuries all over the body. The claimant took treatment and filed an application, seeking compensation.
3. The Deputy Commissioner of Labour adjudicated the issues with reference to the documents and evidences produced by the respective parties to the petition.
4. The learned counsel appearing on behalf of the appellant mainly
The Court emphasized the need to calculate 'just compensation' in commensuration with the actual income or minimum wages, ensuring fairness for the workmen.
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 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 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 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....
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