S.N. Satyanarayana, J.—The claimants in S.R. 21/2010 (F) on the file of Commissioner for Workmen�s Compensation, Mangalore, have come up in this appeal impugning the quantum of compensation awarded therein.
2. Admittedly, the proceedings in S.R. 21/2010 were initiated by the parents of the deceased Jagadish. According to the claimants, Jagadish was having valid driving licence to drive heavy transport vehicle namely, tanker lorry and that he was gainfully employed as driver to a lorry bearing registration No. KA-19 B-6697 belonging to 1st respondent before the Commissioner for Workmen�s Compensation insured with the 2nd respondent. According to them, on 19-8-2010, while the deceased Jagadish was driving the aforesaid lorry in the course of his employment, he met with an accident at about 12.15 p.m., near Heddurga Cross, Alur village, Chickmagalur district, resulting in his death. The accident is not in dispute, so also his death arising out of and in the course of his employment as driver of the aforesaid lorry.
3. In the proceedings initiated by the parents, sister and brother of the deceased Jagadish, the Commissioner for Workmen�s Compensation after recording the evidence, gave a finding that the death of Jagadish is in the course of his employment and as such, claimants 1 and 2 being the parents of the deceased are entitled to compensation, so far as prayer for compensation by claimants 3 and 4 was concerned, the same was rejected. While considering the quantum of compensation payable to claimants 1 and 2, age of the deceased was taken at 23 years and relevant factor was arrived at 219.85 and the income of the deceased was taken at Rs. 4,095/-, considering the fact that under the earlier Workmen�s Compensation Act, maximum wage could be taken is only at Rs. 4,000/- and accordingly, calculated compensation payable to claimants 1 and 2 at Rs. 4,50,348/- with interest at 7.5% from the date of application till the date of the order passed in the said proceedings and 12% interest from the date of order till the date of deposit of the entire amount.
4. Being aggrieved by the same, claimants 1 and 2 have come up in this appeal seeking enhancement of compensation on the ground that as on the date of accident, the Amended Employees� Compensation Act, 1953 had come into force and as such, under the Amended Act, the wages that could be taken as Rs. 8,000/-, which is not taken into consideration. Instead, the Court below has erroneously taken that the maximum wages that could be considered for compensation is Rs. 4,000/- and accordingly, awarded lesser compensation. It is also contended that the interest awarded is also on the lower side, inasmuch as, interest that was required to be awarded is 12% from 30th day of the accident, which is decided by this Court and Apex Court in catena of decisions.
5. Heard the learned counsel for both the parties. On going through the judgment impugned, it is seen that the fact regarding accident which has taken place on 19-8-2010 is not in dispute, so also the deceased Jagadish was having valid driving licence as on the date of accident to drive heavy transport vehicle namely oil tanker and that he was aged about 23 years at the time of accident and his death has taken place during the course of his employment. Therefore, what is to be seen is as to whether the wages which is taken into consideration for the purpose of calculating compensation is just and proper. If that is taken into consideration, in the year 2010, the minimum wages that any driver could earn would not be less than Rs. 6,000 to Rs. 7,000/-. Therefore, the compensation which is calculated taking the wages of the deceased at Rs. 4,095/- is erroneous and the same is required to be reassessed, taking his income notionally at Rs. 7,000/-, in the absence of any proof of income. If that is taken into consideration, the appellants are entitled to revised compensation of Rs. 7,69,475/- (Rs. 7,000 x 50% x 219.85) payable with interest at 12% from the 30th day of the accident till the date of deposit of the entire amount.
6. Accordingly, this appeal is allowed. In view of the fact that the contesting respondent-insurer having already deposited the compensation amount awarded by the Commissioner, the enhanced compensation should be deposited by them within six weeks from the date of receipt of a certified copy of this judgment. As and when the enhanced compensation is deposited, the same shall be apportioned at 50% each between appellants 1 and 2. From out of the enhanced compensation which is apportioned to their share, 60% to be deposited in the names of the appellants in fixed deposit in any nationalised bank for a period of 5 years and they are entitled to receive interest accrued thereon periodically and 40% shall be released in their favour to meet their family necessities.
7. The entire records should be sent to the court of Civil Judge (Sr. Dm), Mangalore, within whose jurisdiction, the W.C. claim petitions are considered now. In the meanwhile, if the amount is already deposited before the Commissioner for Workmen�s Compensation, Sub-Division-2, Mangalore, the same also to be transferred to the Court of Civil Judge (Sr. Dn.), Mangalore, within two weeks from the date of receipt of a copy of this judgment.
