HONOURABLE SRI JUSTICE S.RAVI KUMAR CIVIL MISCELLANEOUS APPEAL Nos.2856 OF 2003 & 2994 OF 2003 Dated 18-12-2014 CIVIL MISCELLANEOUS APPEAL No.2856 OF 2003 Between:
Vaka Sriramana and others.
...Appellants.
And:
M.Ram Mohan Rao and another.
…Respondents.
CIVIL MISCELLANEOUS APPEAL No. 2994 OF 2003 Between:
Oriental Insurance Company Limited, Vijayawada.
...Appellant.
And:
Vaka Sriramana and others.
…Respondents.
HONOURABLE SRI JUSTICE S.RAVI KUMAR CIVIL MISCELLANEOUS APPEAL Nos.2856 OF 2003 & 2994 OF 2003 COMMON JUDGMENT:
These two appeals are preferred against the orders of Assistant Commissioner of Nalgonda dated 13-12-2002 in W.C.No.12 of 1999.
C.M.A.No.2856 of 2003 is preferred by appellant not satisfied with the quantum of compensation granted and C.M.A.No.2994 of 2003 is preferred by Insurance Company challenging the order of granting of interest from the date of accident till realization.
Heard both sides.
Brief facts leading to these appeals are as follows:
One V.Srinivasa Rao died in accident on 1-6-1997 during course of employment and his legal heir i.e., wife filed application before Commissioner for workman compensation and Assistant Commissioner of Labour Nalgonda claiming a sum of Rs.2,00,000/- as compensation and the lower authority after taking the wage of deceased at Rs.1,237/- calculated compensation and granted Rs.1,21,943-46ps with interest at 9% p.a. from the date of accident, till actual realization.
Now the contention of the claimant is that the Assistant Commissioner of Labour ought to have taken minimum wage of Rs.4,000/- per month in calculating compensation and therefore, the order of the lower authority is incorrect.
According to Insurance Company, lower authority erred in granting interest from the date of accident contrary to the provisions of Workmen’s Compensation Act.
With regard to interest part, now it is settled that as per the decision of Honourable Supreme Court, interest has to be paid from the date of accident and therefore, the lower authority has not committed any error in granting interest on compensation. Now coming to the quantum, lower authority took the minimum wage as on the date of accident and fixed compensation. Now the contention of the claimant is that minimum wage as on the date of passing of the order is to be taken which cannot be accepted because the date of accident is the criteria and the lower authority has rightly fixed the compensation by taking the correct multiplier and granted Rs.1,21,943/-.
I do not find any wrong appreciation of evidence or any incorrect calculation of compensation and therefore, both the appeals shall fail. Accordingly, they are dismissed. No costs.
As a sequel to the disposal of this appeal, the Miscellaneous Petitions, if any, pending, shall stand dismissed.
JUSTICE S.RAVI KUMAR Dated 18-12-2014.
Dvs HONOURABLE SRI JUSTICE S.RAVI KUMAR CIVIL MISCELLANEOUS APPEAL Nos.2856 OF 2003 & 2994 OF 2003 Dated 18-12-2014 Dvs