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2016 DIGILAW 136 (UTT)

New India Assurance Company Ltd. v. Balram Singh

2016-03-22

SERVESH KUMAR GUPTA

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JUDGMENT : Hon’ble Servesh Kumar Gupta, J. 1. Having heard the learned counsel for the parties, it transpires that the deceased was under the employment of vehicle owner Mr. Anuj Kumar Agarwal as the cleaner of the truck. During the course of employment, he lost his life, so the Workmen Compensation Commissioner has awarded the compensation to the tune of Rs.3,67,301/- along with 12% simple annual interest, which comes to Rs.1,43,247/- making total compensation of Rs.5,10,548/-. 2. Learned counsel for the Insurance Company has agitated the total compensation of award on the ground that in the Claim Petition, the parents of the deceased themselves have admitted age of their son about 20 years at the time of his death, while in the impugned judgment, the compensation has been calculated at the age of 18 years, which was mentioned in the postmortem report. 3. I feel that mentioning of age as 18 years in the postmortem report is comparatively less reliable than the averments of the parents in the Claim Petition itself, so the compensation ought to have been calculated accepting the age of 20 years of the deceased. 4. Learned counsel for the Insurance Company has further argued that, vide notification no.207(4) VIII/228-TC-1/2001, dated 10th May, 2005, issued by Uttarakhand Government, an unskilled labour is entitled to get monthly wages as Rs.2,425/-, while the salary of the deceased has been accepted by the Workmen Compensation Commissioner as Rs.3,245/-. 5. I also accept the arguments of learned counsel for the Insurance Company that whole compensation should have been determined accepting the wages of the deceased as Rs.2,500/- per month. 6. If the compensation, which ought to have been awarded is calculated, taking both the factors into consideration, then it comes to Rs.2500 x 50/100 = Rs.1250, and thereafter, this figure 1250 should be multiplied by the factor 224, as has been contemplated in Schedule IVth in accordance with Section 4 of Workmen’s Compensation Act, 1923, this way, the total amount comes to Rs.2,80,000/-. 7. It has been further argued that the 12% interest should have been exigible from the date of adjudication. This conception has also been held by the Hon’ble Apex Court in the case of “National Insurance Co. Ltd. Vs. Mubasir Ahmad & anr.” 8. I also accept this contention. 7. It has been further argued that the 12% interest should have been exigible from the date of adjudication. This conception has also been held by the Hon’ble Apex Court in the case of “National Insurance Co. Ltd. Vs. Mubasir Ahmad & anr.” 8. I also accept this contention. Accordingly, this appeal is partly allowed modifying the award to the tune of Rs.2,80,000/- (Two Lakh Eighty Thousand) instead of Rs.3,67,301/- (Three Lakh Sixty Seven Thousand Three Hundred One) and on such amount, the interest of 12% will leviable from the date of adjudication viz. 20.04.2009 till it is deposited by the Insurance Company before the competent officer. Balance amount, if deposited by the Insurance Company, shall be returned to it along with 3% compound annual interest.