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Judgment
B. Manohar
The appellant is a claimant before the Labour Officer and the Commissioner, Workmen Compensation. Being aggrieved by the quantum of compensation awarded by the Labour Officer and the Commissioner, Workmen Compensation, Davanagere made in LOD:WCA:CR:NO. 07/2009 dated 17.03.2010, the claimants have filed this appeal.
The case of the claimant to that one Sri, K, Chandrappa, son of the claimants working as a cleaner in Truck bearing registration No.KA-16-A-2762 belonging to the 1st Respondent herein. On 18.10.2006, at Ganjikatte village, white he was lifting the stepny tyre from the truck in order to change the tyre of the said truck, he came in contact with the live electric wire and died on the spot. The complaint has been lodged in Chickajajur Police station and the police have registered the case as UDR No.30/2008. The claimants have contended that me deceased was only the earning member of their family and was getting salary of Rs. 4,000/- per month end daily bata of Rs.100/- per day. He died during the course of employment at Ganjikatte Village on 18.10.2008 and sought for completion.
3 Though the owner of the vehicle served with the notice remain exparte.
The Commissioner for Workmen Compensation after considering the oral and documentary evidence and taking into consideration the copy of the FIR, Spot inspection and report of Motor Vehicle Inspector came to the conclusion that the deceased died during the course of employment and he was the employee of the 1st Respondent. The claimants are the dependants of the diseased and they are entitled for compensation. Accordingly, taking into consideration, the age of the deceased as 20 years and taking into consideration, the salary of Rs.3000/-, applying the relevant factor, awarded the compensation of Rs. 3,36,000/- with 7.5% interest from the date of claim petition till the date of passing of the Order and 12% after one month from the date of passing of the Order.
5 The claimants being not satisfied with the quantum of compensation awarded by the Commissioner, Workmen Compensation preferred this appeal, interalia contending that the compensation awarded, by the Commissioner, Workmen Compensation is on lower side. The deceased was getting a salary of Rs. 4,000/- per month and Rs.100/- bata per day. Without taking into consideration, the Commissioner, Workmen Compensation has taken the salary of the deceased as Rs.3,000/- is contrary to law and sought for enhancement of compensation. He also relied upon the Order dated 16.07.2007 made to. MFA 8420/2004 wherein the accident took place in the year 2003. In that case, deceased was a cleaner. His income was taken as Rs.120/- per day. Whereas in the present case, the accident occurred to the year 2008, the income is taken as Rs. 3,000/-, which is on lower side and sought for enhancement of compensation.
6, I have carefully gone through the arguments addressed by the parties and perused the oral and documentary evidence adduced by the parties.
It is not in dispute that the son of the claimants Sri. Chandrappa died on 3.8.10.2008 at Ganjikatte Village during the course of employment. On the Claim petition made by the claimants after considering the oral and documentary evidence, the Tribunal has taken into consideration the income of the deceased as Rs.3,000/- and the age of the deceased as 20 years applying the relevant factor, awarded the compensation of Rs.3,36,000/-. Admittedly the accident took place in the year 2008, Even for the daily wages, the Government has fixed the minimum wages as Rs.100/- per day The cleaners usually get much more than daily wagers. Hence, the income of Rs. 3,000/- p.m. taken by the Commissioner, Workmen Compensation is on the lower aide. The Commissioner, Workman Compensation ought to have taken his income as Rs.3.500/- p.m.
As stated, in MFA 8420/2004 the accident took place in the year 2003 and the income of the cleaner was taken as Rs.120/- per day. Hence, the income of the deceased has to be taken as Rs.3,500/-and applying the relevant factor, the claimant are entitled to enhancement of compensation of Rs. 3,92,000/- as against the compensation of Rs.3,36,000/-.
Accordingly I pass the following:
ORDER
(i) The appeal is allowed in part
(ii) The claimants are entitled for an enhanced compensation of Rs.3,92,000/ - against the compensation of Rs.3,36,000/- awarded by the Commissioner, Workmen Compensation. The claimants are entitled for interest at 7.5% per annum from the date of claim petition till the date of passing of the Order and 12% after one month of passing of the Order.