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2011 Supreme(MP) 1367

P.K.JAISWAL
BASANTABAI – Appellant
Versus
SHAMIM BEE – Respondent


Advocates Appeared:
For the Appellant : Manish Jain.
For the Respondent: Mayank Upadhyay.

JUDGMENT :

P.K. Jaiswal, J.

This appeal was admitted for final hearing on 19.1.2011 on the following substantial questions of law:

(i) Whether the Commissioner, Workmen's Compensation, has committed an error of law in not holding the respondent No. 2, insurance company, liable for payment of interest on the amount of compensation from the date of accident till its realization as per section 4A(3) of the Workmen's Compensation Act, 1923?

(ii) Whether 'bhatta' has to be considered as wages for the purpose of computation of compensation and learned Commissioner, Workmen's Compensation, has committed an error in not awarding 'bhatta'?

This appeal is filed by the claimants for enhancement of compensation u/s 30 of the Workmen's Compensation Act, 1923. The learned Commissioner after appreciating the evidence on record came to the conclusion that at the time of accident, i.e., on 6.10.2005 the income of the deceased was Rs. 3,000 per month and awarded a sum of Rs. 3,39,570 with interest at the rate of 12 per cent per annum from the date of filing of the application, i.e., 31.1.2006.

2. In respect of income of the deceased it is submitted that deceased was working as cleaner on the truck bearing
































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