UNITED INDIA INSURANCE CO LTD Vs. TASLEEMA BEGUM

JUDGEMENT

(1.) UNITED India Insurance Co. Ltd. has filed this appeal questioning Commissioner's award under the Workmen's Compensation Act (Assistant Labour Commissioner, Kishtwar) dated 30/6/2007 awarding Rs. 4,12,129 as compensation in favour of the claimants, the dependants of Safder Hussain Sheikh, who had died on 5/9/2005 because of the electric shock and injuries he had received on 29/8/2005 while discharging his duties as lineman with Assistant Executive Engineer, Electric Maintenance and Rural Electrification Sub-Division, Thathri, District Doda.

(2.) LEARNED counsel for the appellant, Mr. Vishnu Gupta appearing in support of the appeal submits that the Commissioner had committed an error apparent on the face of record in accepting the monthly wages of the deceased at Rs. 3,800 whereas according to the records of employer, the Assistant Executive Engineer, Electric M&RE Sub-Division, Thathri, he had been receiving an amount of Rs. 2,170 as his wages and the award in that view of the matter was required to be modified.

(3.) IN order to resolve the issue raised by learned counsel for the appellant, as to whether part-time income of the deceased could be taken into consideration by the Commissioner, regard needs to be had to the definition of 'wages' as it so appears in section 2 (1) (m) of the Workmen's Compensation Act, 1923. This reads thus: