NEW INDIA ASSURANCE COMPANY LTD Vs. SANTOSH

JUDGEMENT

(1.) This misc. appeal under Section 30 of the Workmen' Compensation Act, 1923 (hereinafter 'the 1923 Act') has been filed against the award dated 3-5-2001 passed by the Workmen' Compensation Commissioner, Sikar (hereinafter 'the Commissioner'), whereby the Commissioner has found the respondents claimants (hereinafter 'the claimant') entitled to compensation for a sum of Rs. 2,71,600/- along with interest at the rate of 12% in the event amount of compensation not being deposited within sixty days of the award. Heard learned counsel for the parties and perused the impugned award dated 3-5-2001.

(2.) Learned counsel for the appellant insurance company has submitted that the compensation payable to the claimants for the death of Subhash @ Bhagat Singh has been computed taking the wages of the deceased at Rs. 2500/- per month in excess of the maximum wages permissible for the purpose under the Act of 1923 at the relevant time. The maximum wages to be reckoned for awarding compensation under the Explanation II of Section 4(1)(b) of the 1923 Act was only Rs. two thousand between 15-9-1995 to 7-12-2000. The workman in issue Sub-hash @ Bhagat Singh while working as Driver on jeep No. RJ-10/C-1793 insured at the relevant time with the appellant insurance company died in an accident on 3-11-1999. He submitted that consequently the compensation payable to claimants of the deceased Subhash @ Bhagat Singh should have been computed taking Rs. 1,000/- (fifty percent of the wages drawn) multiplied by relevant factor i.e. of 215.28 as the age of the deceased Subhash @ Bhagat Singh at the time of the accident/death was 26 years as per his driving licence. This would aggregate to Rs. 2,15,280/-. Counsel has also pointed out that although the Commissioner has awarded a compensation of Rs. 2,71,600/-, yet in the claim petition was only for an amount of Rs. 2,21,370/-.

(3.) The substantial question of law which thus arises in this appeal is as to whether compensation was necessarily to be determined taking the monthly wages of the workman at Rs. 2000/- with reference to the then extant statutory limit or compensation in contravention of statute based on a higher monthly wage evident from the material on record can be determined?