UNITED INDIA INSURANCE CO LTD Vs. UTTAM KR SAHA AND ANR
LAWS(GAU)-2018-9-105
HIGH COURT OF GAUHATI
Decided on September 24,2018

UNITED INDIA INSURANCE CO LTD Appellant
VERSUS
Uttam Kr Saha And Anr Respondents

JUDGEMENT

Kalyan Rai Surana, J. - (1.) Heard Mr. S. Dutta, the learned senior advocate assisted by Mr. S. Dutta, learned advocate appearing for the appellant as well as Mr. K. Bhattacharjee, learned advocate appearing for the respondent No. 1.
(2.) This appeal under Section 30 of the Workmen's Compensation Act, 1923 is directed against the judgment and award dated 30.09.2008 passed by the learned Commissioner, Workmen's Compensation, Dhubri in W.C. Case No. 50/2001 was admitted by this Court by order dated 28.01.2010 on the following substantial questions of law:- 1. Whether the daily allowances paid to the workmen can form part of wages of the workman? 2. Whether the learned Commissioner can include daily allowances paid to the workman in monthly salary paid to the workman while assessing compensation? 3. Whether the learned Commissioner can simply on the simply on the basis of a certificate wherein the percentage of disability was also not maintained and without examining the doctor on his own assessed the disability at 30%? 4. Whether learned Commissioner can impose interest from the date of accident.
(3.) In course of hearing, which had concluded on 28.08.2018, the learned senior advocate for the appellant had, amongst others, argued on the provisions of Section 4(1), Explanation- II of the Employee's Compensation Act, 1923, as applicable on the date the accident. Thereafter, on a perusal of the records, it appeared that the said ground was not within the scope of the substantial questions of law, on which the appeal was admitted for hearing. As such, at the instance of this Court, the matter was again re-listed before the Court on 30.08.2018 under the heading of "To be spoken to", as this Court desired that in compliance of the provisions of Order XLI Rule 2 CPC, the respondent must be specifically put to notice of hearing on additional grounds not contained in the Memo of Appeal. Accordingly, on 30.08.2018, the learned senior advocate for the appellant had submitted that he is not pressing the substantial questions of law No. 1 and 2 and instead, he is pressing the point that as the accident had taken place on 05.11.2000, as on the said date, the provisions of Section 4(1), Explanation II of the Employee's Compensation Act, 1923 (previously Workmen's Compensation Act, 1923) as applicable, was the amendment to the said provisions made vide amending Act 30 of 1995 w.e.f. 15.09.1995. It was submitted that as per the said amendment, it was provided that where the monthly wages of a workman exceeds Rs.2,000/-, his monthly wages for the purpose of Clause(a) and Clause(b) of Section 4 thereof shall be deemed to be Rs.2,000/-.;


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