IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD MONDAY THE TWELVETH DAY OF MARCH TWO THOUSAND AND TWELVE PRESENT THE HONOURABLE SRI JUSTICE R. KANTHA RAO REV.CMAMP.No. 54 OF 2011 IN CMA.NO. 2216 OF 1999 Between: Smt. Sajeeda Bee & 3-Ors. … Petitioners-Appellants V/s. T. Moinuddin & Ors. … Respondents-Respondents Counsel for the Petitioners : Sri K. Narasimhachari Counsel for the Respondents : Sri A. Veeraswamy R-1 expired vide USR.No.335/09 (CMP2462/08) R-2 Appeared R-3 proof of paper publication filed vide USR.No. 1004/2009 (CMP 2216/2009) The Court made the following : (Order follows next page) THE HONOURABLE SRI JUSTICE R. KANTHA RAO REV.CMA.MP.No. 54 OF 2011 IN CMA.No. 2216 OF 1999 O R D E R : This Review CMA.MP.No. 54 of 2011 is filed against the judgment of this Court in CMA.No. 2216 of 1999, dated 09-11-2010. 2. Heard Sri K. Narasimha Chary, the learned counsel representing the Review Petitioners-Appellants and Sri A. Veeraswamy, the learned standing counsel for the Respondent No.2-National Insurance Company Limited, Hyderabad. 3. The Review Petitioners-Appellants filed CMA.No. 2216 of 1999 aggrieved by the order dated 24-5-1999 passed by the Commissioner for Workmen’s Compensation, Ranga Reddy Zone, Hyderabad, in WC.No. 74 of 1989. 4. The crucial issue fell for consideration in the appeal before this Court was whether the second respondent-National Insurance Company is liable to pay compensation to the appellants-claimants. 5. This Court answered the issue in the affirmative and held that the respondent Nos.1 and 2 are jointly and severally liable to pay compensation to the appellants-claimants but remitted the matter back to the Commissioner for Workmen’s Compensation, Ranga Reddy Zone, Hyderabad, for his decision on the quantum of compensation and accordingly disposed of the appeal. Aggrieved by the judgment of this Court, the appellants filed the present review petition stating that since the entire material is placed before this Court relating to the age, occupation and wages of the deceased, which are not in dispute. This Court can itself decide the question of quantum of compensation instead of remitting the matter back to the Commissioner for Workmen’s Compensation to decide the said question. The learned counsel appearing for the Review Petitioners-appellants would submit that if the judgment passed by this Court in the appeal is carried out and the matter is again placed before the Commissioner for Workmen’s Compensation for his decision on the issue of quantum of compensation, it consumes a lot of time and deprives the review petitioners of the benefit of the judgment. 5. Upon perusing the material on record, this Court arrived at an opinion that this Court itself can decide the quantum of compensation, and therefore, holds the review petition is maintainable. 6. The case of the appellants was that the deceased was working as lorry driver. He was getting the salary of Rs.9,000=00 per month besides batta of Rs.30/- per day. The said fact was not seriously disputed by the respondents. As per the definition of wages under section 2 (1) (m) of the Workmen’s Compensation Act, wages include allowances. In BHARAT SINGH V/s. MANAGEMENT OF NEW DELHI TUBERCULOSIS CENTRE, NEW DELHI AND ORS [1] , the Supreme Court held that Section 17-B of the Industrial Disputes Act is retrospective in operation and Section 17-B applies even to awards passed prior to 21-8-1984, a date appointed by the Central Government, if they have not become final. In the instant case, therefore, the wages of the deceased include his salary and batta i.e., Rs. 900=00 + Rs.900=00 = Rs.1800=00 per month. As per Section 4 of the Workmen’s Compensation Act, where death results from the injury, the compensation shall be computed as follows: 50% of the monthly wages multiplied by the relevant factor. 50% of the wages of the deceased is Rs.900=00 the relevant factor as per IV schedule is 211.79. The total compensation for which the appellants are entitled is Rs. 900 x 211.79 = 1,58,842=00. As laid down by the Hon’ble Supreme Court in S.SURESH V/s. ORIENTEAL INSURANCE COMPANY LTD [2], the amount of compensation shall carry interest @ 12% per annum from the date of petition till the date of realization. The appellants-claimants are therefore granted compensation of Rs.1,58,842=00 and the amount of compensation shall carry interest @ 12% per annum from the date of filing of the claim-petition till the date of realization. The second respondent-National Insurance Company Limited shall pay the amount of compensation within one month from the date of passing of the judgment to the appellants-claimants. The Review Petition is therefore allowed by assessing the compensation as aforesaid. There shall be no order as to costs. _________________________ JUSTICE R. KANTHA RAO 12-03-2012 I s L N.B. Furnish CC in one week. THE HONOURABLE SRI JUSTICE R. KANTHA RAO REV.CMAMP.No. 54 OF 2011 IN CIVIL MISCELLANEOUS APPEAL NO. 2216 OF 1999 CIRCULATION NO. Date:12-03-2012 Court Master: I s L Computer No.43 [1] ) AIR-1986 SUPREME COURT-842 (1) [2] ) 2010 ACJ-487