IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 10TH JANUARY 2008 / 20TH POUSHA 1929 MFA.No. 224 of 2007(C) --------------------------------- WCC.54/2003 OF WORKMEN'S COMPENSATION (DEPUTY LABOUR COMMISSIONER), ERNAKULAM. .................... APPELLANT/ 1ST OPPOSITE PARTY: ---------------------------------------------------- CRESCENT PUBLIC SCHOOL, REPRESENTED BY ITS MANAGER, THOTTUMUGHAM, ALUVA. BY ADV. SRI.ELVIN PETER P.J. RESPONDENTS/ APPLICANTS & 2ND OPPOSITE PARTY: -------------------------------------------------------------------------------- 1. U.V.SUBRAMANIAN, UNDIPURAYIDATHIL, CHIRAKKAGAM, VARAPUZHA. 2. M.N.MANI, -DO- -DO- 3. P.M.BADARUDEEN, CONTRACTOR, S/O. MUHAMMED ALI, PUNNILATH, MAVAPILLY P.O., VAZHAKULAM PANCHAYAT, ERNAKULAM. 4. THE COURT OF THE COMMISSIONER FOR WORKMEN'S COMPENSATION (DEPUTY LABOUR COMMISSIONER), ERNAKULAM. BY THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 10/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. -------------------------------------- M.F.A.(WCC).No.224 OF 2007 (C) ------------------------------------- Dated 10th January, 2008 JUDGMENT Koshy, J. A peon employed by the appellant establishment died during the course of employment. Appellant is only questioning the amount of compensation paid. Only contention raised is that, under Section 4(a) of the Workmen's Compensation Act, maximum amount of wage that can be taken is Rs.4,000/- and then 50% of the amount has to be deducted and then multiplied with the relevant factor considering the age of the workmen concerned, compensation has to be calculated. Therefore, monthly wages can be taken as Rs.2,000/-. On going through the calculation of the Commissioner, we note that Commissioner took Rs.4,000/- and 50% of the same was only multiplied by the relevant factor 219.95 to arrive at the compensation. Admittedly relevant factor is 219.95. Statutory interest was also awarded. Calculation of the compensation by the Commissioner is correct in law and there is no merit in this appeal, and hence, this appeal is dismissed. J.B.KOSHY, JUDGE K.HEMA, JUDGE prp MFA.15/2003 2 tks