FA/1439/1991 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 1439 of 1991 For Approval and Signature: HONOURABLE MR.JUSTICE KS JHAVERI : ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= GANGARDI VIBHAG MOTAKADNI K.V.V.K. SAHAKARI MANDLI LTD. - Appellant(s) Versus KANCHANBEN WD/O PARSHOTTAMDAS NATHALAL PANCHAL & 4 - Defendant(s) ========================================================= Appearance : MR MTM HAKIM for Appellant(s) : 1, MR AJ SHASTRI for Defendant(s) : 1, None for Defendant(s) : 2 - 5. ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 19/09/2008 ORAL JUDGMENT 1. This appeal is directed against the judgment and award FA/1439/1991 2/3 JUDGMENT dated 01.04.1991 passed by the learned Civil Judge (S.D.) & Commissioner for Workmen's Compensation, Panchmahals at Godhra in W.C. Case No.5 of 1987 whereby, the said application was allowed. 2. The facts in brief are that on 14.03.1985 while deceased Parsottamdas Nathalal Panchal, husband of respondent no.1 herein and father of respondent nos.2 to 4, was discharging his duties as a Watchman at the Factory of the appellant – Mandli, he sustained severe injuries in a dacoity incident carried out by the local tribals of the area and ultimately, succumbed to it. 3. The legal heirs of the deceased, therefore, filed an application before the Court below claiming compensation of Rs.39,432/- and other benefits. The Court below, after appreciating the evidence on record, allowed the application, by awarding total compensation of Rs.59,148/- with interest @ 6% p.a. from the date of the application till its realization. Being aggrieved by the said award, the appellant has approached this Court by way of this appeal. 4. Heard learned counsel for the respective parties and perused the documents on record. As per the Schedule attached to the Gujarat Minimum Wages Rules [Unamended], the minimum wages was fixed at Rs.6/- per day and Rs.156/- per month. Since the deceased was aged 35 years at the time of the incident, the factor – 197.06 is to applied, resulting to Rs.12,296.54 [i.e. 40% of 156 = FA/1439/1991 3/3 JUDGMENT 62.40 & 62.40 X 197.06 = Rs.12,296.54] towards compensation and 50% thereof, comes to Rs.6148.27, towards penalty. Therefore, the total compensation comes to Rs.18,444.81. However, in view of the provisions contained in the W.C. Act, 40% of the salary or Rs.20,000/-, whichever is more, is to be awarded in case of death of an employee. 5. Therefore, in the present case, the claimants will be entitled for Rs.20,000/- towarsd compensation with interest @ 6% p.a. from the date of the application till its realization. Orders accordingly. The impugned award of the Court below stands modified accordingly. If the excess amount is lying with the Court below, the same shall be refunded to the appellant – Mandli. The appeal stands disposed of accordingly. No order as to costs. [K. S. JHAVERI, J.] Pravin/*