IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 24TH OCTOBER 2008 / 2ND KARTHIKA 1930 MFA.No. (WCC)94 of 2004() -------------------- WCC.89/2000 of W.C.C.,ERNAKULAM .................... APPELLANT(S): PETITIONERS: ----------------------------------------------- 1. BINDU, W/O. LATE SHAJI, KAIPPINCHERIL HOUSE, MEKKADAMPU P.O., MUVATTUPUZHA. 2. SUMI SHAJI, D/O. LATE SHAJI, REPRESENTED BY NATURAL MOTHER AND GUARDIAN SMT.BINDU, KAIPPINCHERIL HOUSE, MEKKADAMPU P.O., MUVATTUPUZHA. 3. SUSHIN SHAJI, S/O. LATE SHAJI, REPRESENTED BY NATURAL MOTHER AND GUARDIAN SMT.BINDU, KAIPPINCHERIL HOUSE, MEKKADAMPU P.O., MUVATTUPUZHA. BY ADV. SRI.PAUL K.VARGHESE SRI.K.M.VIVEKANANDAN RESPONDENT(S): ---------------------------- 1. BABU ALIAS, MANAGING DIRECTOR, POPULAR METALS, NELLAD P.O., MUVATTUPUZHA, RESIDING AT NEELANGAL HOUSE, MUDAVOOR P.O., VALLOORAKKUNNAM, MUVATTUPUZHA. 2. POPULAR METALS, REP.BY ITS MANAGING DIRECTOR, BABU ALIAS, NELLAD P.O., MUVATTUPUZHA. 3. P.P.THOMAS, PARTNER, POPULAR METALS, PUKKUNNEL HOUSE, KADUMPIDY, ERAVALLOOR P.O. Kss ..2/- ..2..... MFA (WCC)NO.94/2004 4. MINI SHIBU PARTNER, POPULAR METALS, KALLUMPURATH CHIRAMEL, THRIKKARIYOOR P.O., KOTHAMANGALAM. 5. ALIAMMA ALIAS, PARTNER, POPULAR METALS, NEELANGAL HOUSE MUDAVOOR P.O., VALLOORAKUNNAM, MUVATTUPUZHA. 6. CHINNAMMA POULOSE, PARTNER, POPULAR METALS, NELLIKUZHI HOUSE, PULICKAMALI P.O., PAMPRA, MULANTHURUTHY. ADV. SRI.T.A.UNNIKRISHNAN FOR 1,3,5&6 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 24/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B.KOSHY & K.P.BALACHANDRAN, JJ. -------------------------------------- M.F.A.(WCC)No.94 of 2004 ------------------------------------- Dated 24th October, 2008 JUDGMENT Koshy,J . A workman employed by the opposite parties died in an accident during the course of employment. Legal representatives of the deceased workman (appellants herein) claimed a compensation of Rs.7,00,000/=. The Tribunal found that the accident occurred during the course of employment and opposite parties are liable to pay compensation. According to the claimants, the deceased was getting a daily wages of Rs.250/=. It was contended by the opposite parties that he was getting only Rs.40 – 50 pay day depending upon the work completed. There is no work and it is a small industry making agricultural implements. During the evidence, the claimants also stated that wages were paid depending upon the work. A definite question was asked whether the deceased was getting wages below Rs.50/=. It was answered first that it is true. Thereafter it is stated that his wages was not below Rs.50/=. The Tribunal calculated the monthly wages at Rs.1300/=. The deceased was aged 34. The accident occurred on 8th April, 2000. It is contended by the opposite parties that several amounts were paid to the claimants directly. However, that cannot be treated as MFA.(W.C.C)94/2004 2 compensation under the Workmen's Compensation Act to be deposited before the Commissioner. Evenif Rs.50/= was taken as the daily wages, in view of the provisions of the Workmen's Compensation Act, monthly income has to be taken as Rs.1,500/=. Opposite parties agree for the same and if that be so, compensation payable will be Rs.1,45,980/= (1500 x 50 x 194.64). The Commissioner 100 awarded Rs.1,26,516/=. Therefore, the additional amount payable will be Rs.19,464/=. Counsel for both sides agree to the calculation. The above additional amount of Rs.19,464/= should be deposited by the opposite parties with 12% interest from the date of accident (8.4.2000) till the date of deposit. The opposite parties submitted that the amount will be deposited before the Commissioner for disbursement to the claimants within three weeks from today. That submission is recorded. The appeal is partly allowed. J.B.KOSHY JUDGE K.P.BALACHANDRAN JUDGE tks