SUSILA Vs. THE COMMISSIONER FOR WORKMENS COMPENSATION, MADRAS AND THE MANAGING DIRECTOR. THE KARNATAKA STATE ROAD TRANSPORT, CORPORATION. BANGALORE

JUDGEMENT

(1.) The applicant in W.C. No. 48 of 1986 (Madras) and W.C. No. 83 of 1987 (Salem) before the Commissioner for Workmen's Compensation -1, Madras, is the appellant in this appeal. The second respondent in this appeal is the opposite party in that proceedings. In this judgment the parties to this appeal are referred to in their rank as described in the W.C. case. One Sathyan, the husband, of the applicant employed with the opposite party, died in an accident while he was in the employment of the opposite party. He sustained injuries to which he succumbed, later Stating that he was age 30 years at the time of his death, an application was filed before the Deputy Commissioner of Labour (Workmen Compensation) claiming a compensation of Rs. 1,24,768/ -. In the petition it is alleged that the deceased was earning Rs. 1,500/ - per month. In evidence, the applicant stated that the deceased was getting a salary of Rs. 1,234/ - per month as evidenced by Ex.44 (pay certificate). The opposite party contested the claim only on the ground of the quantum of wages. According to them, the deceased was drawing Rs. 904.60 per month as seen from Ex.R1. The Tribunal relied on Ex.R1, showing Rs. 904.60 as the monthly wages of the deceased and on that basis, fixing the age of the deceased as 30 years, arrived at a compensation of Rs.75,255.50. Aggrieved over this order viz.. on the question of wages fixed by the lower authority, the applicant has filed this appeal before this court.

(2.) Mr. R. Rajaram, learned counsel for the appellant brought to my notice the definition of wages as defined under Sec. 2(1) (a) of the Act. The said definition is extracted below:

(3.) The short question that arises for consideration is whether the line allowance and the batta should be included in computing wages paid to the deceased or not.