GEETA DEVI Vs. ASHOK SAO

JUDGEMENT

(1.) M.A. No. 299/2013 has been filed by the claimant for enhancement of compensation on the ground that food allowance or Khuraki or Perk or any benefit given to the workmen is part and parcel of the servicein view of the definition of wages under Sec. 2 (m) of the Act 1923 and as such the said amount ought to be included in the salary for the purpose of quantifying the compensation amount. The interest have also not been allowed from the date of making application ignoring the mandatory provisions as laid down under Sec. 4A(3)(a) of the Act, 1923.

(2.) M.A. No. 433/2014 has been preferred by the Insurance Company against the judgment and award of compensation on the ground that the deceased was not working as Khalasi in the vehicle which met with an accident but was a member of the Barati Party and in order to claim compensation a false story of Khalasi has been concocted. Normally, in Pick-Up van khalasi are not employed.

(3.) Both these appeals have been preferred under Sec. 30 (1) (a) of the Employees Compensation Act, 1923 (hereinafter called Act 1923) arising out of the common judgment and award passed in W.C. Case No. 55/2011 by Presiding Officer, Labour Court, Deoghar and have been heard together and will be disposed of by common judgment.