KAPTAN SINGH AND ANOTHER Vs. RAJ NARAYAN

JUDGEMENT

(1.) Heard Sri Shreesh Srivastava, learned counsel for the appellants and Sri Arvind Kumar, learned counsel for the respondent-New India Assurance Co. Ltd.

(2.) This FAFO has been filed by the claimants being aggrieved by the award dated 14.08.2020 passed by the Commissioner under the Employees Compensation Act, 1923 at Kanpur only on the ground that the income of the deceased has been construed at Rs. 8,000/- (eight thousand rupees) per month whereas he was drawing a salary to the tune of Rs. 12,000/- (twelve thousand rupees), but learned tribunal has not even taken the income @ minimum wages as applicable on the date of the accident for a skilled labourer i.e., @ Rs. 9,873.08/- (nine thousand eight hundred seventy three rupees and eight paise) per month. However, taking into consideration the cap provided under the Employees Compensation Act on the maximum income to be computed for the purposes of compensation at Rs. 8,000/- (eight thousand rupees) per month, compensation has been calculated taking income at Rs. 8,000/- (eight thousand rupees) per month and not even @ of minimum wages prescribed by the State Government for a skilled labourer.

(3.) Learned counsel for the appellant though vehemently submits that wages should have been computed at least at the minimum wages prescribed by the State authorities, but is not in a position to dispute the fact that an amendment was affected in Section 4 (1B) of the Employees' Compensation Act, 1923 whereby it is provided that "the Central Government may, by notification in the Official Gazette, specify, for the purposes of sub-section (1), such monthly wages in relation to an employee as it may consider necessary."