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IN THE HIGH COURT OF ORISSA AT CUTTACK
B.P.ROUTRAY
Divisional Manager, National Insurance Co. Ltd. – Appellant
Versus
Susanta Kumar Das – Respondent
| Table of Content |
|---|
| 1. compensation granted for workplace injury. (Para 1 , 2) |
| 2. dispute over wage rate and disability determination. (Para 3 , 6) |
| 3. commissioner's assessment of wage rate justified. (Para 4 , 5) |
| 4. appeal dismissed; penalty interest waived. (Para 7 , 8) |
JUDGMENT :
B.P.Routray, J.
1. Heard Mr.Mahali, learned counsel for the Appellant & Mr.Behera, learned counsel for the Respondent No.1.
2. Present appeal by the Insurer is directed against judgment dated 9th December 2015 of Commissioner for Employees’ Compensation-cum- Assistant Labour Commissioner, Angul in E.C. Case No.07 of 2013, wherein compensation to the tune of Rs.6,62,521/- has been granted along with interest @12% per annum with effect from the date of filing of the claim application on account of injury sustained by the Claimant in the accident dated 20th August, 2012 during course of his employment under Respondent No.2.
3. The main contention advanced by Mr.Mahali on behalf of the Appellant is that the policy taken by the employer in respect of the workman is restricted up to the wage of Rs.106/- per day and the Commissioner while computing loss of income has assessed the wage at Rs.170/- per day. According to Mr.
The insurer is liable for compensation based on revised minimum wage rates for the injured worker, emphasizing the beneficent purpose of compensation legislation.
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.
Correct assessment of the deceased's income and application of the appropriate multiplier are crucial in determining the quantum of compensation in motor vehicular accident cases.
The Court emphasized the need to calculate 'just compensation' in commensuration with the actual income or minimum wages, ensuring fairness for the workmen.
Insurers are liable for compensation reflecting actual wages paid to employees, even if exceeding insured amounts, provided no minimum wage law violations occur.
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