KAMALU BAGHEL Vs. KISHAN TRADING COMPANY

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 21.12.2004 passed in Civil Case No/B/70/WC/Fatal/1/03 by the Commissioner, Workmens Compensation Act, Labour Court, Jagdalpur (for short 'the Commissioner') awarding compensation of Rs.1,37,124/- in a death case.

(2.) BRIEF facts, as per pleadings, are that on fateful day of 19.11.2001, Lakhsai, who was working under respondent No.1, was engaged in shutter fitting on the date of accident. While he was engaged in such work, suddenly ceiling of building fell down on him, resulting into his death due to severe injuries.

(3.) SHRI Manoj Paranjpe, learned counsel for the appellant, vehemently argued that the learned Commissioner has erred in fixing the daily wage of the deceased at Rs.40/- whereas it should be at Rs.83.11, according to Schedule A to Minimum Wages Act, 1948 because the deceased was a skilled labourer. The next argument is that the learned Commissioner has erred in not awarding even single penny under penalty and interest, without assigning any reason or rhyme whereas the claimant is entitled to get penalty and interest amount, according to Section 4A of the Workmens Compensation Act. He placed reliance in the matter of Haryana State Electricity Board and another v. Kasturi Devi and others, 1997 ACJ 1131 and Khemin Bai and others v. Gangadhar Bahidar and others, decided by this Court on 05.10.2010 in M.A.No.343/2003.