NATIONAL INSU. CO. LTD. Vs. TALIB HUSSAIN

JUDGEMENT

(1.) AWARD dated 31st March, 2008 passed by the Commissioner under Workmen's Compensation Act, 1923 (for short Act of 1923) (Assistant Labour Commissioner, Rajouri) (For short Authority), whereunder, authority has directed the Appellant -Insurance Company to pay the amount of Rupees four lacs fifty thousand four hundred and forty (Rs. 4,50,440/ -) to the applicants/claimants, is called in question in this statutory Appeal filed under Section 30 of Act of 1923. It is also provided in the impugned award that in case amount is not paid within sixty days from the date of its announcement i.e. 31st March, 2008, then interest @ 12% shall be realized from the Appellant -Insurance Company. This award is called in question in this Appeal on the principal ground that the owner of the vehicle has filed certificate alongwith his objections before the Authority which shows that the monthly income of the deceased who was working as Conductor was total Rs. 3100/ - per month, whereas, the authority has taken Rs. 4000/ - as income per month of the deceased workman, notwithstanding this fact that there was no material available with the authority to take Rs. 4000/ - per month as salary etc. of the deceased worker. Learned counsel for the appellant submitted that in view of the mandate contained in section 4(a) of the Act of 1923, claimants would be entitled to an amount as compensation equal to 50% of the monthly wages of the deceased workman to be multiplied by relevant factor. Learned counsel further submitted that taking monthly income of the deceased workman as Rs. 3200/ -, the 50% of salary would be 1600/ - per month. Learned counsel also referred to Schedule IV appended to the Act of 1923 and submitted that since the age of the deceased workman was 19 years at the time of accident, as such, monthly wages as determined by section 4 of the Act of 1923 when factored for working out lump sum of the compensation in terms of the aforementioned schedule IV would be Rs. 3, 60, 352/ -. Learned counsel submitted that for a workman who dies at the age of 19 years factors 225.22 has to be pressed into service for working out lump sum amount. Learned counsel accordingly submitted that on this formula, the claimants would be entitled to be given compensation of an amount of Rs. 3, 60,352/ -.

(2.) LEARNED counsel for the claimants submitted that the impugned award be modified in the manner suggested by the learned counsel for the appellant. His statement is taken on record. In view of the circumstances appearing in this case, substantial question of law involved is framed as under:

(3.) THE Appeal is admitted to hearing accordingly.