Research › Search › Judgment

Karnataka High Court · body

2010 DIGILAW 767 (KAR)

Shankar v. The Chief Engineer, KPTCL, Gulbarga

2010-06-30

K.GOVINDARAJULU, K.SREEDHAR RAO

body2010
JUDGMENT K. Sreedhar Rao, J: Appellant was working as a lineman under the respondents on temporary basis. In the discharge of duties, in the course of employment, the appellant suffered electrocution and his lower limbs are paralyzed. The respondent was paid a sum of Rs. 1,590/-p.m. on daily wage basis. The WC Commissioner has considered the said amount as the wage and awarded the compensation of Rs. 2,02,042/-. The appellant is in appeal on the ground that the compensation awarded is inadequate and in accordance with the W.C. Act. 2. The following substantial question of law arises for consideration:- "Whether the minimum wages should be considered for assessing the compensation as against the actual wage paid to the workman, if it is lesser than the minimum wage?" 3. The WC Commissioner has worked out on the basis of the actual wages paid to appellant. In fact, the actual wages paid by the respondents to the appellant is grossly lesser than the minimum wages fixed under the Minimum Wages Act for the period in question. The respondent being the "State" within the meaning of Article 12 cannot avoid legal liability under minimum Wages Act. Even otherwise when the wage paid is less than the minimum wage, the minimum wage should be reckoned for wages of compensation. 4. The permanent disability is 100%. The appellant is disabled to do any work, as he can do prior to the accident. The job of a lineman is highly skilled. The minimum wage fixed for highly skilled worker is Rs. 2,260/-p.m. The said amount to be taken as the wages although the actual wages is paid is lesser than the minimum wage. The reckonable amount for working out compensation would be Rs. 1356/-[2260 x 60%]. The relevant factor is 211.79. The compensation payable would be Rs.2,87,187/-[1356 x 211.79] .The respondents are directed to pay the above compensation assessed in this appeal with interest at 12% p.a. from the date of accident till payment as against Rs. 2,02,042/- awarded by the W.C. Commissioner.