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2018 DIGILAW 2324 (PNJ)

Kashmir Kaur v. Sumit Kumar

2018-05-17

KULDIP SINGH

body2018
JUDGMENT Kuldip Singh, J. (Oral) - CM-13984-CII-2016 Application is allowed, as prayed for. Application is disposed of. RA-181-CII-2016 This order will dispose of RA-181-CII-2016 filed in FAO-5187-2014. 2. It comes out that in the said case, appeal was filed against order dated 10.10.2013,passed by Commissioner under the Employee's Compensation Act, Circle-1, Yamuna Nagar, whereby on account of death of Ranjit Singh on 26.11.2010 in motor vehicle accident, compensation was awarded to the tune of Rs. 4,61,143/- alongwith 12 per cent per annum interest. 3. It comes out from said award that income of deceased was taken to be Rs. 4478-21 per month, which was minimum wages at the relevant period. Consequently, finding no fault with award of Commissioner, first appeal was dismissed. Appellants approached the Apex Court against said order. Hon'ble Supreme Court of India, vide order dated 1.7.2016, passed in SLP No. 10364 of 2016 while taking note of contention of learned counsel for appellants that minimum wages were revised with effect from 1.7.2010 granted liberty to appellants to file review petition before this Court. Accordingly, review petition has been filed. 4. The learned counsel for applicants-appellants has referred to notification dated 27.6.2007 (Annexure-A-4) wherein the driver of heavy vehicle is treated as highly skilled worker. The learned counsel for appellants has also pointed out to letter dated 16.8.2010 (Annexure-A-3), vide which minimum wages of highly skilled worker are fixed at Rs. 4998-21 and daily pay at Rs. 192-23. Therefore, it is proved that minimum wages when accident took place on 26.11.2010, were Rs. 4998-21 per month and not Rs. 4478-21 per month. Accordingly, review petition is allowed to the extent that minimum wages of deceased be taken as Rs. 4998-21 per month and accordingly Commissioner under the Employee's Compensation Act, Circle-1, Yamuna Nagar, is directed to apply relevant factor and recalculate compensation and award same to appellants. Rs. 150/- per day Bhatta is also allowed. Needful be done within one month from date of receipt of certified copy of this order.