The New India Assurance Company Limited v. Sri. Manian
Case brief
What is this about?
Employees Compensation Act 1923; S.30(1) MFA Karnataka High Court; Section 4(1)(b) Central Government Notification 31.05.2010 wage limit; monthly wages Rs.4,000 vs Rs.8,000 for pre-2010 accidents; gelatin rods fatal accident 2002 at NAPC premises; Schedule IV factors 207.98, 197.06, 153.09; compensation reduced by 50% excluding funeral expenses; New India Assurance appeals partly allowed; ECA Nos. 5, 6, 7, 8 of 2020, Chikkanayakanahalli; interest 12% p.a.; funeral expenses Rs.10,000; litigation cost Rs.5,000; modified awards Rs.4,30,960 / Rs.4,09,120 / Rs.3,21,180.
What did the court decide?
Insurer's appeals allowed in part; the awards were modified by recalculating compensation on monthly wages of Rs.4,000/- instead of Rs.8,000/- and reducing the compensation by 50% (excluding funeral expenses). Revised totals: Rs.4,30,960/- (ECA No.5/2020), Rs.4,09,120/- (ECA No.6/2020), Rs.3,21,180/- (ECA No.8/2020) and Rs.3,21,180/- (ECA No.7/2020), each inclusive of Rs.10,000/- funeral expenses and Rs.5,000/- litigation cost. The judgment and award dated 05.02.2022 is modified to the aforesaid extent.