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2008 DIGILAW 266 (JK)

United India Insurance Co. Ltd. v. Tasleema Begum

2008-06-30

J.P.SINGH

body2008
1. United India Insurance Company Limited has filed this appeal questioning Commissioners award under Workmens Compensation Act, 1923 (Assistant Labour Commissioner Kishtwar) of June 30, 2007 awarding Rs.4,12,129/- as compensation in favour of the claimants, the dependents of Mr. Safder Hussain Sheikh, who had died on September 05, 2005 because of the electric shock and injuries he had received on August 29, 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.3800/- 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.2170/- as his wages and the award in that view of the matter was required to be modified. 3. I have considered appellants counsels submission and gone through the records of the learned Commissioner. 4. The Commissioner had assessed monthly wages of deceased Safder Hussain Sheikh at Rs.3800/-, taking into account, the income which he had been reportedly earning from his part time job as electrician. 5. 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 (m) of the Workmens Compensation Act, 1983. This reads thus: - "2(m) "wages" includes any privilege or benefit which is capable of being estimated in money, other than a travelling allowance or the value of any travelling concession or a contribution paid by the employer of a workman towards any pension or provident fund or a sum paid to a workman to cover any special expenses entailed on him by the nature of his employment." 6. The definition of word `wages as it appears in section 2(m) of the Workmens Compensation Act does not permit reading in it, the income which the employee may have from his part-time business or any other pursuit, unconnected with and other than his employment, because it is only what is paid to him by his employer and none else which would fall within the definition of word `wages appearing as such in the section, of course excluding those components which have been mentioned in the sub-section. 7. Workmens Compensation Act would not thus recognize income of the deceased from his part time business or other pursuit for the purpose of determination of compensation payable under the Workmens Compensation Act. 8. Learned Commissioner has, therefore, erred in including the part time income too, of the deceased, in the income which he had been getting from his employer, in assessing the amount of compensation payable to the claimants for his death. Finding recorded by the Commissioner, therefore, needs to be modified as urged by appellants counsel. 9. Finding of the Commissioner assessing monthly income of the deceased employee at Rs.3800/- is, accordingly, modified and income of Mr. Safder Hussain Sheikh at the time of his death, going by the information supplied by the Assistant Executive Engineer, M& RE Sub-Division, Thathri is assessed at Rs.2170/-. 10. Calculated thus, in terms of Section 4 read with the Schedule appended to the Workmens Compensation Act, the Compensation payable to the claimants would come to Rs.2,35,347.35. 11. Allowing this appeal, the award of Commissioner under Workmens Compensation Act, Assistant Labour Commissioner, Kishtwar is, accordingly, modified to be an award for an amount of Rs.2,35,347.35. Rest of the terms of the award shall remain unaltered.