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.

JUDGMENT

Appellants are the claimants in E.C.C No.11 of 2022 on the file of the Employees Compensation Commissioner, Kollam. The application was filed seeking compensation for the death of a driver who was employed in an autorickshaw bearing Reg.No.KL- 07-BN-6727 under the 1^st respondent. He met with an accident on 28.06.2021, suffered serious injuries and succumbed to death. Seeking compensation, claiming that the monthly wages of the deceased workman was Rs.30,000/-, the application was filed before the learned Commissioner. During trial, the 1^st appellant was examined as AW1 and Exhibits A1 to A11 were marked on the side of the applicants. No evidence was adduced by the respondent. The learned Commissioner found that there was employer-employee relationship and the applicants were entitled for compensation as the accident arose out of and in the course of employment. The learned Commissioner granted compensation of Rs.15,88,425/- with simple interest at the rate of 12% from the date of accident. An amount of Rs.5,000/- was granted towards funeral expenses. Cost of Rs.6,000/- was also granted.

2. The only issue raised in this appeal is regarding the computation of compensation by the learned Commissioner. The learned Commissioner adopted the monthly wages of the deceased employee as Rs.15,000/- in view of the notification dated 03.01.2020, issued by the Central Government under Section 4 (1B) of the Employees Compensation Act . According to the learned Counsel for the appellant the learned Commissioner ought to have accepted the claim as such, in the sense that the monthly wages of the deceased ought to have been accepted as Rs.30,000/-.

3. It is well settled that the High Court can entertain an appeal under Section 30 of the Employees Compensation Act only if it involves substantial question of law. Here in the instant appeal, no such substantial question of law arises for consideration.

4. On proper analysis of the evidence, the learned Commissioner held that no reliable evidence was brought on record by the applicants to prove that the deceased employee was having monthly wages at the rate of Rs.30,000/-. For want of evidence the said claim could not be accepted by the Commissioner. Therefore, the Commissioner adopted the monthly wages of the deceased employee as per the notification dated 03.01.2020 issued under Section 4 (1B) of the Employees Compensation Act by the Central Government. This course adopted by the learned Commissioner is in accordance with law.

I am therefore of the view that there is no substantial question of law in this appeal and it is accordingly dismissed.