STATE OF HIMACHAL PRADESH Vs. DHANWANTI

JUDGEMENT

(1.) HAVING heard learned counsel for the parties, I am of the considered view that impugned order dated 11.1.2013, passed by the Commissioner, Employee's Compensation, Solan, District Solan, H.P. in WCA No. 2/2 of 2013, titled as Dhanwanti and others vs. State of Himachal Pradesh and others requires to be modified to a limited extent.

(2.) THERE is no dispute with regard to claimants' entitlement. As such, findings returned by the trial Court on the rights of the claimants with regard to their entitlement for compensation under the Workmen's Compensation Act, 1923 (hereinafter referred to as the Act), are affirmed.

(3.) IN terms of impugned order, monthly income of the deceased has been taken to be not less then Rs. 8,000/ - and by reducing it by half, the authority has applied Schedule IV, by taking into account age of the deceased. Thus, total amount awarded is Rs. 5,70,720/ -. The factor applied is correct but the multiplicand of Rs. 4000/ - is wrong.