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2013 DIGILAW 141 (CHH)

RAKESH KUMAR UPADHYAY v. SHIV SINGH

2013-04-30

N.K.AGARWAL

body2013
ORDER 1. The instant claimant's appeal is directed against the award dated 30.07.2009 passed by the Commissioner for Workmen's Compensation, Labour Court, Durg (for short the Commissioner) in case no. 98/WC Act/NF/2007. 2. Personal injury is caused to Rakesh Upadhyay i.e. appellant/claimant, in the accident on 18.03.2007 arising out of and in the course of his employment. 3. As against the compensation of Rs. 5,90,668/- claimed by the appellant/claimant for the injuries sustained by him in the accident on 18.03.2007, the Commissioner awarded a total sum of Rs. 1,20,082/- along with interest. 4. The Commissioner, on a close scrutiny of the evidence led, held, appellant sustained multiple injuries resulting into permanent disability to the extent of 35% assessed and awarded the amount of compensation of Rs. 1,20,082/- holding the insurance company liable for payment of compensation. 5. Shri Uttam Pandey, learned counsel for the appellant, would submit the Commissioner, while computing the amount of compensation, has fallen in error in excluding the bhatta (daily allowance) of Rs. 60/- being paid to the appellant, and thereby in awarding low compensation. 6. On the other hand, Shri G.V.K. Rao, learned counsel for respondent no. 3, supported the award impugned and submitted that the daily allowance, which was being paid to the appellant, is not the part of the wages as defined in clause (m) of sub-section (1) of Section 2 of Workmen's Compensation Act, 1923 (for short the Act). 7. I have heard learned counsel for the parties and perused the record of the Commissioner including the award impugned. 8. The core question, therefore, arises for determination in this appeal is whether 'bhatta' has to be considered as part of wages for the purpose of computation of compensation and the Commissioner has committed an error in not including the bhatta? 9. As per the claim petition para 4, the appellant who is a driver, was getting bhatta of Rs. 60/- per day apart from the monthly wages of Rs. 2600/-. A specific issue, i.e., issue no. 3 has been framed by the Commissioner in this regard. The above stand taken by the appellant in his claim petition also stands proved by his statement on oath. The co-employee Kaushlesh Prasad Mishra (A.W.2) also supported the claimant's case. His statement stands unrebutted. 10. In view of above, the appellant has proved, he was getting Rs. 3 has been framed by the Commissioner in this regard. The above stand taken by the appellant in his claim petition also stands proved by his statement on oath. The co-employee Kaushlesh Prasad Mishra (A.W.2) also supported the claimant's case. His statement stands unrebutted. 10. In view of above, the appellant has proved, he was getting Rs. 60/- as daily bhatta apart from monthly wages of Rs. 2600/-. 11. The relevant part of Section 2 (m) of the Act reads as under:– (m) "Wages" includes any privilege or benefit which is capable of being estimated in money, other than a traveling allowance or, the value of any traveling 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. 12. The term "wages" includes not only the actual salary payable to a workman but also any other benefit that can be considered to be in terms of money, such as dearness allowance or any other allowance, or any contribution paid towards pension or provident fund or any special expenses entailed on him by the nature of his employment. 13. In a case where it is found proved that the bhatta is paid as additional remuneration under the terms of contract, the High Court of Madhya Pradesh in the case of Smt. Basantabai & another vs. Smt. Shamim Bee @ Saharin Bee & another, 2011(4) ACCD 1753 (MP), has held bhatta, as part of wages for the purpose of computation of compensation. I am in respectful agreement with the above ratio of law laid down by the High Court of Madhya Pradesh. 14. Reverting to the facts of the present case, the appellant has proved, he was getting daily allowance of Rs. 60/- as additional remuneration. Therefore, the amount of bhatta would be part of wages and the Commissioner has fallen in error in not taking into account the amount of bhatta as part of salary for the purpose of computation of compensation and the substantial question of law is answered accordingly in appellant's favour. 15. In the result, the appeal is allowed. After computing the compensation, taking into consideration the wages of the appellant as Rs. 4400/-, the amount of compensation of Rs. 1,20,082/- is enhanced to Rs. 2,03,234/-, i.e., Rs. 15. In the result, the appeal is allowed. After computing the compensation, taking into consideration the wages of the appellant as Rs. 4400/-, the amount of compensation of Rs. 1,20,082/- is enhanced to Rs. 2,03,234/-, i.e., Rs. 83,152/- over and above the amount of compensation awarded by the Commissioner. The appellant is also entitled to interest @ 12% per annum from the date of application till its realization. 16. No order as to costs. Appeal Allowed.