JANAKI BARIK Vs. EXECUTIVE ENGINEER CENTRAL

JUDGEMENT

(1.) This is a claimant's appeal for enhancement of compensation. As there is no cross -objection or cross -appeal, detailed facts need not be gone into.

(2.) THE claimant -appellant is the widow of one late Sudhir Barik, who died on 12.3.1993 due to the injuries sustained by him on 19.10.1992 in an accident arising out of and in the course of his employment. On the date of death, his age was 42 years and 8 months and he was drawing monthly wages at the rate of Rs. 2,325.50. An application was filed by the claimant before the Commissioner for Workmen's Compensation and Assistant Labour Commissioner, Balasore, claiming compensation of Rs. 2,06,290.40. On being noticed, the opposite parties -respondents filed the written statement denying the liability. The Commissioner, on a consideration of the material on record and keeping in view the provisions contained in Section 4 of the Workmen's Compensation Act, 1923, determined compensation at Rs. 70,216. Aggrieved thereby, the claimant -appellant is before this Court for enhancement of the compensation by Rs. 1,36,074.

(3.) TO begin with, we may quote Section 4(1)(a) of the Act and the Explanation -II thereto which read thus: 4. Amount of compensation. -(1) Subject to the provisions of this Act, the amount of compensation shall be as follows, namely: (a) where death an amount equal to results from forty per cent of the the injury monthly wages of the deceased work -man multiplied by the relevant factor; or an amount of twenty thousand rupees, whichever is more;xxx xxx xxxExplanation I. -For the purposes of Clause (a) and Clause (b), 'relevant factor', in relation to a workman means the factor specified in the second column of Schedule IV against the entry in the first column of that Schedule specifying the number of years which are the same as the completed years of the age of the workman on his last birthday immediately preceding the date on which the compensation fell due; Explanation II. -Where the monthly wages of a workman exceed one thousand rupees, his monthly wages for the purposes of Clause (a) and Clause (b) shall be deemed to be one thousand rupees only;xxx xxx xxx