Decided on December 15,1972

Luizina Cyril Vaz Appellant
M/S. Caltex (India) Limited Respondents


Vaidya J. - (1.) An interesting question arises in this First Appeal under the Workmen's Compensation Act, 1923. The question is whether Food Allowance, Overseas Allowance Devaluation Supplement, (hereinafter referred to as O.A.D. S.), and Overtime Wages paid to a seaman in addition to his basic wages are wages within the meaning of section 2(1) (m) of the Workmen's Compensation Act, 1923.
(2.) The appellants are the widow and children of one Cyril Vaz. Cyril Vaz was employed by the respondents Messrs Caltex India Ltd. as a General Steward on their ship "S.S. Chevron Genoa". The appellants made an application under section 3 of the Workmen's Compensation Act, to the Commissioner for Workmen's Compensation, Bombay, alleging that Cyril Vaz died on September 11, 1969 on account of an accident arising out of and in the course of his employment with the respondents. The appellants claimed Rs. 10,000 as compensation. It was alleged in the application that the monthly wages of the deceased amounted to Rs. 426 inclusive of Food Allowance.
(3.) The application was resisted by the respondents, inter alia, on the ground that the deceased Cyril Vaz was not a workman within the meaning of the definition of "workman" under section 2(1) (n) of the Workmen's Compensation Act, inasmuch as he was employed on monthly wages exceeding Rs. 500. In their written statement, they submitted as follows : "The Opposite Party say that the deceased was engaged at Bombay on 22nd December 1938 for the purposes of his employment on Board s.s. "Chevron Genoa" as general servant at the monthly basic salary of Rs. 290/-. The Opposite Party say that besides the basic salary of Rs. 290/-, the deceased was entitled to Rs. 283.73 and the defendants paid an Overseas Allowance Devaluation Supplement (OADS) for his employment till his death on 6th September 1969. The Opposite Party further say that during his period of employment on board the said vessel from 22-12-1968 to 6-9-1969 i.e. for about 8 months and 16 days, the deceased worked overtime and earned Rs. 1,391/-, that is, on an average of Rs. 163/- per month as overtime wages. The Opposite Party respectfully Say and submits that taking into consideration the basic salary at Rs. 290/- per month, the value of food allowance at Rs. 165/- per month, OADS at Rs. 33.35 per month and the overtime wages at Rs. 163/- per month, the total wages of the deceased came to Rs. 651.35.";

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