THE SECRETARY, KERALA STATE ELECTRICITY BOARD Vs. NEELI

JUDGEMENT

(1.) THE appeal is filed by the Kerala State Electricity Board raising a short point. It is a case where Workmen's Compensation Commissioner ordered to deposit a sum of Rs. 3,89,280/ - as compensation determined and payable under Section 4 of the Act to the claimant viz., the mother of one T.V. Mony, who while working on 23.3.2007 on the L.T. line sustained electric shock and fell down and died.

(2.) STANDING counsel for the Electricity Board submitted that an amount of Rs. 45,000/ - was paid under receipt to the mother and the rest of the amount was deposited by the Board before the Workmen's Compensation Commissioner after quantifying the same as per the provisions of the Act. But payment of ex -gratia amount has not been reckoned by the Workmen's Compensation Commissioner.

(3.) THEREFORE , we proceeded to hear both sides on the short point raised. It is seen from the order of the Workmen's Compensation Commissioner that the opposite parties before the Commissioner were absent and declared ex -parte and it was found that there was no dispute against the claims of the applicant. On the side of the applicant proof affidavit was filed. The applicant was examined as AW1 and Exts. A1 to A5 were marked. The deceased was found to have completed 36 years of age (age factor is 194.64) at the time of the accident on 23.3.2007. The Commissioner accepting the statement that he was getting Rs. 250/ - per day adopted monthly salary of Rs. 4,000/ - for calculation of compensation amount. In the operative portion of the order after noticing that the Electricity Board has deposited Rs. 3,44,280/ - on 21.11.2007 further directed to deposit Rs. 76,142/ - together with interest at the rate of 12% from 21.11.2007 to the date of the deposit. Learned Standing counsel submitted that the entire amount including Rs. 45,000/ - which was disputed have been deposited before the Workmen's Compensation Commissioner before the filing of this appeal.