AMBUJA Vs. Y. MAHAMMED RAFIQ

JUDGEMENT

(1.) Though the matter is listed for admission today, with the consent of the learned counsel for both the parties, it is taken up for final disposal.

(2.) Learned counsel appearing for the appellants would vehemently contend that the Commissioner for Workmen s Compensation committed an error in taking the income of the deceased at Rs.3,479/- in view of the provisions of the Minimum Wages Act though the deceased was earning an amount of Rs.200/- as wages and an amount of Rs.500/- as batta per day. The Commissioner erred in awarding the interest from the date of the order which ought to have been from the date of the accident. In the appeal, the substantial question of law was raised as to whether the Commissioner was right in holding that the deceased was earning an amount of Rs.3,479/- per month as wages as on the date of the accident and whether the Commissioner was right in not awarding the interest from the date of the accident.

(3.) Learned counsel for the appellants, in support of his arguments, would vehemently contend that the accident had taken place on 26.01.2011 and that on 18.1.2010, the Employee s Compensation Act, 1923 was amended deleting the Explanation (ii) of Section 4 and inserted Section 4(1)(b). To that effect, notification is also issued by the Central Government on 31.05.2010 fixing the wages as Rs.8,000/- from the date of the said notification. Hence, the Commissioner has committed an error in taking the income of the deceased at Rs.3,479/-. Learned counsel also would vehemently contend that the Commissioner awarded the interest from the date of the order and the same should have been awarded from the 30 days of the accident. The Commissioner also not awarded an amount of Rs.5,000/- on the head of funeral expenses . Hence, it requires interference of this Court.