The court affirmed that in employee compensation claims, where actual wages are not proven, minimum wages fixed by the government are the appropriate basis for calculating compensation, and the owner and insurer are jointly liable if the vehicle was insured.

The Court made the following Judgment :

The Civil Miscellaneous Appeal is filed by the Applicants under Section 30 of The Workmen Compensation Act, questioning the Order dated 31.03.2022 passed in E.C.No.4 of 2019 of the Commissioner for Employees Compensation and Assistant Commissioner of Labour, Dharmavaram (for brevity “the Commissioner”).

The Appellants herein are the Appellants; Respondents No. 1 to 3 are Respondents No.1 to 3 before the Tribunal.

The Appellants herein being the legal representatives of the Mr. Yenumala Bestha Chandramohan (hereinafter referred to as ‘the deceased’) filed under Section 22 of Employees Compensation Act, 1923 claiming compensation due to death of the deceased during the course of his employment.

On 04.10.2018 at 3.30 a.m the deceased being the driver of the DCM bearing AP 02 Y 5911 under Respondent No.1 was proceeding with Chocolates load from Hyderabad to Ananthapuramu and while on his way on NH-44 near Shadnagar Cross, the said vehicle met with an accident with ongoing vehicle i.e Trolley bearing No. RJ 22 GA 8263. Due to which the deceased was died on the spot. The Shadnagar Police registered a case in Crime No. 459 of 2018 under Section 304-A of IPC against the driver of DCM vehicle.

During enquiry, the Commissioner framed the following issues:

1) Whether the deceased was employee as per the provisions of the Employee’s Compensation Act, 1923?

2. Whether he met with the accident arising out of and in the course of his employment, result into death?

3. Whether the deceased driver possessed valid, genuine driving license in force at the time of accident?

4. If so, what is the wage and age of the deceased employee?

5. What is the amount of compensation payable?

6. Who are liable to pay compensation?

On hearing both sides, the Commissioner awarded total compensation of Rs. 6,65,160/- to the Applicants/ Appellants. Aggrieved by the same, the Respondents/ Opposite Parties filed the instant Civil Miscellaneous Appeal on the ground that the Commissioner erred in awarding compensation amount against the Respondents even though there is no relationship of employer and employee with the deceased and the accident occurred during the course of employment resulting in death. Further, the Commissioner ought to have seen that the deceased was earning salary of Rs. 12,000/- per month and batta of Rs. 300/- per day among other grounds.

On perusal of the Award passed by the Commissioner, it can be observed that the Applicant No.1 being the wife of the deceased got examined herself as AW-1 and marked Ex.A1 to Ex.A6 through her. The Tribunal considering the evidence of AW-1, coupled with Ex.A1 to Ex.A6, answered the issue No.1 holding that the deceased was an employee as per the provisions of the Employee’s Compensation Act, 1923 and working as driver in DCM bearing No. AP 02 Y 5911 under Respondent No.1 and also held that the workman that deceased met with an accident during the course of his employment under Respondent No.1, resulting his death, which opinion of this Court is sustainable.

Now coming to the quantum of compensation payable to the deceased. As per the evidence of AW-1, the deceased was getting monthly wage of Rs.12,000/- per month, apart from getting batta at Rs. 300/- per day from the Respondent No.1. In the absence of any evidence to that extent, the Commissioner fixed the wage as per Minimum wages fixed to the HMV driver as per G.O.Ms.No.83, LET & Factories (Lab-II), Dt. 22.11.2006 (w.e.f 04.12.2006) public in Gazette No.758, dated 04.12.2006, as basic wage Rs. 4,319/- +CLA Rs. 4,016/- total wages Rs. 8,335.25/- per month as on the date of his death i.e on 04.10.2018. Accordingly, calculated the compensation payable to the age group of the deceased i.e 46 years, as per Schedule-IV of the Employees Compensation Act, 1923 is Rs. 166.29.The Tribunal overall awarded total compensation of Rs. 6,93,034/- (166.29 x (8335.25 x 50/100= Rs. 6,93,034