t-:-r \A h teifh BEFORE HON'BLE THE HIGH COURT OF CHHATTISGARH AT BILASPUR APPELLANTS Applicants 2. ^:-s^. ^ x^-^/ ^ f-yz >••" 4. RESPONDENTS Non-Applicants ^\ 1. M .A^- /2008 f SB 1 ~J^ Smt. Arti Devi aged about 25 years,Wd/ o late Shri Surendra Yaday[Wife] Nitesh Yadav aged about 6 years , S/o late Shri Surendra Yadav , [ Son ] ShrinetYadav aged about 2 years , S/o late Shri Surendra Yadav , [ Son ] Smt. Kalavati Devi agedabout 52 years, Wd/o late Shri Deep Narayan Yadav, { Appellant No. 2 & 3 minor through mother & natural guardian , appellant — 1 .} [ All R/o village—NetwarPatti, P.0. Patna via Badhabganj , Distt. Gorakhpur [ U.P ] Versus Shatrughan Singh S/o Jagdish Singh , R/o Near Kabir Mandir, Near house of Jaiprakash Driver , Durga Mandir, P.S. Khursipar Chowki [ Chhaoni P.S. ] P.0. Bhilai, Tahsil 8s Distt.—Durg.[ C.G. ] Driver-— oftruckno. CG—07—C/0389 . Jaiprakash Rai , S/o late -Nankuram , R/o Prakash Cycle Store, Ganesh Mai-tdir, Zone—2,Sector—,11,Balaji Nagar, P.0. Bhilai Distt. Durg C.G. [ Owner oftruckno. CG— 07—C/'0389.] 1. ?. ^,, -T ^ -'", r ^ 3. Branch Manager through Divisional Manager , The Oriental Insurance Co. Ltd , Malviya Nagar, P.0. 85 Distt. Durg, C. G. [ Policy- No.—2005/9449,office code no.152503 ] Appeals u/s 30 of The worknaens Conapensation Act, 1923 : KlffiiSiM I^^^J;^;.^ ^^'^l,^^--f..;R^I ;Bii!S3il ^SSittiii^ff ^Bi /^\ •T^ HIGH COURT OF CHHATTISGARH AT BILASPUR M.A.(C)No.1431 OF 2008 APPELLANTS ApDlicants RESPONDENTS Non'appSicants Smt. Arti Devi & others VERSUS Shatrughan Sjngh & others (Memo of appeal under section 30 ofWorkmen's Compensatjon Act) (SB: Hon'ble Mr. N.K. Aaarwal. J.} Present : Shri Amrito Das, Advocate for appellants. Shri Gautam Khetrapa!, Advocate for respondent No. 2. Shri P. Dutta, Advocate for respondent No. 3. ORAL ORDER (Passed on 20.07.2011) 1. The instant appeat has been preferred by the appellant under Section 30 of the Workmen's Compensation Act, 1923, (for short 'the Act') seeking enhancement in the amount of compensation awarded by Commissioner for Workmen's Compensation, Labour Court, Durg, in case No. 59AA/.C. Act (Fetal)/06 vide its award dated 20.08.2008. 2. The relationship of employee & employer betv/een late Surendra Yadav and respondent No. 2, and the fact that the accident arose out of and during the course of employment, resulting in death of Surendra Yadav is not in dispute in the instant case. 3. The appeal was admitted for hearing by thls court on 11.11.2008 on the following substantial question of law: 'Whether the Commissioner for Workmen's Compensation, Labour Court, Durg ought to have assessed the monthly income of the deceased at Rs. 3,000/- per month" y ^'ic""^ ^s.^ // Y.. "^/ "s^^^y ^ 4. The only dispute raised by Shri Amrito Das, counsel for the appellants is that the Commissioner has completely ignored the evidence adduced by the appellants & employer both in which they have stated that deceased used to earn Rs. 3000/- per month (Rs. 1500/- monthly wages + 50/- daily allowance). Therefore, there is apparept error on the face of record in computing the income ofthe deceased at Rs. 1500/- per month in place of Rs. 3000/- (1500 + 50X30=3000/-) and the award amount deserves to be suitably enhanced. 5. On the other hand, Shri P. Dutta, learned counsel appearing for the respondent No. 3 would submit, in the facts and circumstances of the case the Commissioner has rightly awarded the compensation in accordance with law, therefore, the same deserves to be upheld and there is no substantial question of law arises for determinatjon ofthis court. 6. I have heard the counsel appearing for the parties, perused the pleadings and evidence available on record and also the order impugned. 7. After going through the evidence of appellants as well as employer/respondent No. 2 and through the salary certificate (Annexure P/7), it is crystal clear that the wages of the deceased was Rs. 3,000/- per month and the Commissioner has totally ignored the allowance part of the wages whlle assessing the income of the deceased. Therefore, by taking into consideration appellants' monthly jncome as Rs. 3000/- ^'./. ^' Sahu instead of Rs. 1500/-, the amount of compensation payable to the appellant comes to Rs. 3,14,880/- in place of Rs. 1,57,440/-. 8 . For the foregoing reasons, the substantial question of law formulated by this court is answered in appellants' favour. The appeal filed by the appellants/applicants for enhancement of the compensation is allowed. The compensation of Rs. 1,57,440/- awarded by the Commissioner for Workmen's Compensation, Labour Court, Durg, is enhanced to Rs. 3,14,880/-. The above amount of compensation shall carry interest @ 12 percent per annum from the date of application till its actual payment. Rest of the conditions mentioned in the award shatl remain Intact. The award stands modified to the above extent. 9. No other points have been raised by the appellant's counsel. 10. The insurance company is granted three months time to deposit the amount of compensation before the concerned Tribunal. No order asto costs. Sd/- N. K. Agarwal Judge