MANAGER NATIONAL INSURANCE CO. LTD. Vs. K.K. KALLESH

JUDGEMENT

(1.) HEARD Sri. Poonacha., learned counsel appearing for the appellant. None appears for the respondents though served and unrepresented. This Court by the order dated 2.6.2008, has admitted the appeal to consider the following substantial question of law.

(2.) CLAIMANT was working under respondent No. 2 and operating in the coffee washing unit and in the course of his employment, accident occurred due to which the claimant lost 4 fingers in left hand. Hence, a claim petition was filed under the Workmen's Compensation Act seeking compensation, contending inter alia that he was earning wages of Rs. 150/ - per day. The Commissioner for Workmen's Compensation after considering the evidence on record allowed the claim petition in part and awarded a sum of Rs. 2,01,600/ - with interest at the rate of 12% per annum, payable after 30 days from the date of award.

(3.) IN the instant case, the Commissioner while determining the compensation payable to the claimant has assessed income of the claimant at Rs. 3,000/ - per month. Said finding has been recorded by the Commissioner based on a plea found in the written statement filed by respondent No. 1 -employer, where under employer has admitted that claimant -workman was being paid wages of Rs. 150/ - per day and Rs. 20/ - batta. Policy in question would indicate that declared wages paid by the employer to the workmen was Rs. 1,250/ - per month. The liability of the insurer, if any, has to be necessarily restricted to the said amount and it cannot be made liable to pay the amount beyond the wages declared by the employer at the time of obtaining insurance policy. The Co -ordinate Bench in Gangawa's case referred to supra has held to the following effect.