LAXMAN KHANDERAO DARADE Vs. RAJESH RAMESHWAR JOSHI

JUDGEMENT

(1.) Being aggrieved by the judgment and award dated 15.04.2015 passed by learned Member, MACT, Beed in MACP No. 20 of 2014, the original claimant has preferred this appeal to the extent of quantum.

(2.) Brief facts giving rise to the present appeal are as follows:

(3.) Learned counsel for the appellant-claimant submits that he appellant-claimant was working as Bataidar in the field of one Shobha Tandale. The appellant-claimant has specifically pleaded his income from cultivating the land on Batai basis in the claim petition and he has also deposed on oath before the court. Learned counsel submits that the appellant-claimant was earning Rs. 1,00,000.00 by cultivating the land of said Shobha Tandale on Batai basis and a Batai Patra Exh.39 is also placed on record before the tribunal. Learned counsel submits that even though no evidence in rebuttal is given by the other side with regard to the income as pleaded by the claimant and stated on oath before the tribunal, the tribunal has discarded the income of claimant from doing work as Bataidar and erroneously considered the notional income of claimant at Rs. 3,000.00 per month only. Learned counsel submits that the accident took place in the year 2011 and while computing the notional income, the tribunal ought to have considered the price index, inflation in the economy, increase in rates etc. Learned counsel, by referring various cases, submits that the Apex Court has also considered this aspect and introduced change in the context of notional income. Learned counsel submits that as per the Government Notification issued by Industries, Energy and Labour Department, State of Maharashtra dated 20.07.2010, minimum rates of wages for unskilled employees is mentioned as Rs.3750.00 in Zone II category. Zone comprises of all the areas falling within the local limits of Municipal Corporations and Zone II comprises of all other areas in the State which are not included in Zone I. Learned counsel submits that said minimum rates of wages payable to the employees are revised from time to time and in the year 2014, the same has been reached to more than Rs. 6,000.00 per month. Learned counsel submits that under the provisions of The National Rural Employment Guarantee Act, 2005, the Ministry of Rural Development has issued a Notification dated 23.03.2012, wherein, the State-wise Wage rate for Unskilled Manual Workers is mentioned/fixed and so far as the State of Maharashtra is concerned, the same is specified at the rate of Rs. 145.00 per day. Learned counsel, in support of his submissions, placed all the Notifications before this Court.