NATIONAL INSURANCE CO LTD Vs. THIRU V SIVA

JUDGEMENT

(1.) The Award dated 22.10.2007 passed in W.C.No.277 of 2004 by the Deputy Commissioner of Labour-I, Chennai, is under challenge in the present Civil Miscellaneous Appeal.

(2.) The first respondent was employed as a Cleaner in a Van bearing Registration No.TN-09-Z-8694 for a monthly salary of Rs.4,500/- and the first respondent was working for a period of one year. During the relevant point of time, the first respondent was aged about 20 years and on 18.03.2004 at about 09.30 hours, while the first respondent/claimant was travelling as a Cleaner in the said Van, driven by its driver Mr.Settu, met with an accident and the Van was capsized. The first respondent/claimant sustained grievous injuries and admitted at Sundar Hospital, Poonamallee. The first respondent filed a claim petition, claiming compensation under Section 10 of the Workmen Compensation Act, 1923.

(3.) The Deputy Commissioner of Labour adjudicated the issues with reference to the documents and the evidences produced. The Deputy Commissioner of Labour finally passed an Award, granting compensation of Rs.1,17,549/-. The age of the claimant was 20 at the time of accident and accordingly, the Table was adopted. The loss of income was assessed at 30% and the monthly salary of the claim was fixed at Rs.2,915.40. Taking into consideration of all these aspects, the total compensation of Rs.1,17,549/- was awarded by the Deputy Commissioner of Labour.