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IN THE HIGH COURT OF ORISSA AT CUTTACK
A.K.MOHAPATRA
Divisional Manager, New India Assurance Co. Ltd. – Appellant
Versus
Geetarani Rout – Respondent
| Table of Content |
|---|
| 1. background of the case (Para 1 , 3 , 4 , 5 , 6) |
| 2. arguments regarding wage fixation (Para 7 , 9 , 10 , 11) |
| 3. court's analysis on wage as per minimum wage law (Para 8 , 12) |
| 4. modification of compensation amount (Para 13) |
| 5. conclusion and procedural guidance (Para 14 , 15) |
Judgment :
A.K. Mohapatra, J.
1. The present appeal has been preferred by the insurer under Section 30 of the Employees9 Compensation Act, 1923, assailing the judgment and award dated 15.09.2021 passed by the Commissioner for Employee9s Compensation-cum-Joint Labour Commissioner, Cuttack in E.C. Case No.356-D of 2015.
2. Though the Appeal was listed for admission, on consent of both the sides, the same is being taken up for final hearing and disposal.
3. The factual backdrop of the case, in short, is that the predecessor in interest of the claimant family, namely one Sahadev Rout died due to an accident, which took place on 31.08.2015 near Chhend, Rourkela and eventually the said Sahadev Rout, workman succumbed to the injuries at S.C.B. Medical College and Hospital, Cuttack. Since the incident has arisen out of and in course of his employment, the members of the deceased family, such as, his wife an
Compensation under the Employees' Compensation Act must adhere to statutory minimum wages, ensuring accurate wage calculations for deceased employees.
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.
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 established that the amended cap on income under the Employee's Compensation Act must be applied, limiting compensation calculations accordingly.
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