LAWS(MAD)-2021-1-288

R. GOVINDASAMY Vs. K. THENMOZHI

Decided On January 29, 2021
R. Govindasamy Appellant
V/S
K. Thenmozhi Respondents

JUDGEMENT

(1.) The award dated 24.10.2017 in W.C.No.111 of 2014 is sought to be set aside in the present civil miscellaneous appeal.

(2.) The claimant is the appellant and the application was filed under Section 10 of the Workmen Compensation Act on the ground that the appellant was employed with the first respondent as a driver in Ashok Leyland Tanker bearing Registration No.TN-09-B-3137 on a monthly salary of Rs.20,000/-. The appellant was aged about 50 years at the time of accident. On 19.12.2013 at about 2.30 a.m. the appellant was employed as driver and he was driving from Chennai Port Trust to Villupuram. The vehicle met with an accident near Maraimalainagar. He sustained grievous injury. The appellant was admitted in CMC, Chengalpattu and taken treatment as inpatient and thereafter treatment as outpatient. An application was filed seeking compensation. The Deputy Commissioner of Labour adjudicated the issue with reference to the documents and evidence produced by the respective parties.

(3.) The grievance of the appellant is that the minimum wages fixed by the Central Government in notification dated 31.05.2010 has not been granted by the Deputy Commissioner of Labour. A monthly income of Rs.7699/- was fixed instead of Rs.8000/- which was notified by the Central Government under Section 4(1B) of the Act. Therefore, the monthly income is to be revised and accordingly, the compensation is to be enhanced.