SC increases compensation for deceased workman, emphasises wife’s uncontested claim

he Supreme Court in the case Mamta Devi & Ors. v The Reliance General Insurance Company Limited And Anr observed and has awarded an enhanced compensation under the Workmen Compensation Act, 1923 to the kin of a deceased employee, wherein holding that the objective of the Act, 1923 is dispensation of social justice.
The court in the case observed and took an empathetic view and instead of remanding the matter back to High Court for re-consideration, the court has itself awarded enhanced compensation to the deceased’s family.
The bench comprising of Justice J.K. Maheshwari and Justice Aravind Kumar observed while adjudicating the appeal in the case Mamta Devi & Ors. v The Reliance General Insurance Company Limited & Anr, wherein the court held that when the wife of the deceased employee deposed his income on oath and the Employer admitted the same, thus, then by no stretch of imagination the Deputy Labour Commissioner could have awarded lower compensation on minimum wage rate.
Facts of the Case:
The Employee, Mr. Vakil Choudhary in the case was employed by Respondent No. 2 as a truck driver and had met with an accident on April 21, 2011, wherein the employee lost his life and the Appellant i.e., the claimant are wife, son and parents of late Mr. Vakil Choudhary, who filed a claim petition before the ‘Deputy Labour Commissioner-cum-Commissioner for Workmen Compensation’, wherein seeking compensation for his death which occurred during the course of employment. The Appellants contend that Sri Vakil was earning a wage for an amount of Rs.6,000/- per month in the said employment and the amount of wage was admitted by the Employer. Therefore, the Insurer of the offending vehicle, Reliance General Insurance Company Ltd. filed its written statement but the said matter was not pursued further by the Employer or the Insurer. However, the Deputy Labour Co mmissioner considered the income of the deceased to be Rs. 3,900/- per month in accordance with the minimum wage rate of Rs. 150 per day. Thus, the court passed an award for a lower sum of Rs. 4,31,671/- along with 6% p.a. interest, to be payable by the Insurer to the Appellants.