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KARAMJIT SINGH
HDFC Ergo General Insurance Company Ltd. – Appellant
Versus
Sumitra Devi – Respondent
KARAMJIT SINGH, J.
1. This appeal is filed by appellant Insurance Company against the order dated 16.12.2014 passed by the Commissioner under Employees Compensation Act, Patiala (in short the Commissioner).
2. The brief facts of the case of the Claimants-Respondent Nos.1 & 2 are that their son Monu Singh @ Baljinder Singh was aged about 20 years and he was working as a Helper/Cleaner on a truck-container No.HR-55M-7693 which was owned by respondent No.3-Gurdev Singh and was insured with appellant-Insurance Company. On 26.06.2013 Monu Singh went along with the said truck to Muradabad and after unloading the goods, he had gone to Gandhi Nagar along with the said truck as a Helper/Cleaner and the said truck met with an accident on 26.06.2013 and at that time the truck was driven by Sham Singh and due to the aforesaid accident Monu Singh sustained multiple injuries and was taken to hospital where he was declared dead. FIR No.1-89/2013 dated 26.06.2013 was recorded in the concerned Police Station with regard to the aforesaid accident. That the deceased used to earn more than Rs.10,000/- per month as his monthly salary as a Cleaner on a truck was Rs.4,000/- and he also used to earn another
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.
Point of Law : Objective of amendment was to remove a deeming cap on monthly income of an employee and extend to them compensation on basis of actual monthly wages drawn by them, however, there was n....
Section 4 of Employee’s Compensation Act, 1923, existed when unfortunate accident took place.
Point of Law : 12. Liability of interest has to be borne by insurer as liability is attached to amount of awarded compensation under Act, which insurer is liable to indemnify and as necessary corolla....
The High Court dismissed the appeal, upholding the Commissioner's wage determination due to lack of evidence, thus affirming the procedural compliance under the Employees Compensation Act.
Compensation under the Employees' Compensation Act must adhere to statutory minimum wages, ensuring accurate wage calculations for deceased employees.
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.
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