PETER Vs. FAISAL

JUDGEMENT

(1.) The appellants are the applicants in E.C.C. No.232/2014 [W.C.C. No.56A/2009] on the files of the Court of the Employees Compensation Commissioner (Industrial Tribunal), Kollam. This Miscellaneous First Appeal has been filed challenging the inadequacy of the quantum of compensation granted by the Compensation Commissioner. According to the appellants, Rs. 12,000/- was accepted as salary of the deceased, relying on the evidence adduced by the applicants; but the Commissioner took Rs. 4,000/- only as monthly salary alleging that there is a statutory restriction to take the entire salary. In fact, there is no statutory restriction to take the entire salary of Rs. 12,000/- as monthly salary, according to the appellants. The only restriction is that for determining the compensation, 50% of the salary will be applicable. Thus, the Compensation Commissioner has determined the quantum of compensation erroneously, against the relevant law applicable, for the determination of the quantum of compensation.

(2.) Heard the learned counsel for the appellants and the learned counsel appearing for the respondents.

(3.) The short question that arises for consideration is, whether there is any statutory limit or restriction for fixing the salary of the insured, in the determination of quantum of compensation under Section 4 of the Workmen's Compensation Act, 192 As rightly submitted by the learned counsel for the appellants, as per Section 4 of the said Act, where death results from the injury, an amount equal to fifty per cent of the monthly wages of the deceased workman multiplied by the relevant factor or an amount of eighty thousand rupees whichever is more would be taken as monthly salary.