MANDROOP Vs. SHANKAR LAL

JUDGEMENT

(1.) The instant appeals have arisen out of the judgment and award dtd. 13/6/2013 passed by the learned Workmen Compensation Commissioner, Sawaimadhopur (for short 'the learned Commissioner') in Claim Case No.E.C.A. No.21/2012, titled as "Mandroop Vs. Shankar lal & Anr.", whereby the learned Commissioner while partly allowing the claim petition, has awarded a sum of Rs.4,42,740.00 along with interest @ 12 % per annum from the date of incident as compensation in favour of the claimant-Mandroop. The learned Commissioner has also imposed fine of Rs.2,00,000.00 upon the non-claimant No.1-Shankar Lal. CMA No.2797/2013 has been filed by the claimant seeking enhancement of compensation awarded by the learned Commissioner, whereas CMA No.3748/2013 has been filed by the Royal Sundaram Alliance Insurance Company Limited (for short 'the insurance company') challenging the judgment & award dtd. 13/6/2013 passed by the learned Commissioner on the various grounds.

(2.) CMA No.2797/2013-Learned counsel for the claimant submits that the learned Commissioner wrongly deducted 50% of the deceased's income, whereas the deceased's income was Rs.4,000.00 per month at the relevant point of time. So, the judgment and award passed by the learned Commissioner be modified accordingly.

(3.) Learned counsel for the claimant has also relied upon the judgments of the Hon'ble Apex Court in the case of North East Karnataka Road Transport Corporation vs. Sujatha reported in 2019 ACJ 29 and Dr. Harish Kumar vs. Dr. S.C. Gairola and ors. reported in 2018 SCC Online Utt 1030 and Bhikha Ram vs. Sunil Kumar & ors. reported in 2022 (2) CCR 784 (Raj.).