M.Prabu Vs R.Prabhu

WC.No. 203 of 2017 on the file of Commissioner, Employees Compensation of Labour, Coonoor( in short 'tribunal') order dated 15.02.2019. In respect of monthly income fixed by the tribunal as well as disability fixed by the Tribunal

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the appellant filed this appeal. The learned counsel for the appellant submits

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that the appellant have rich experience in driving the heavy vehicle at time of

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the accident earned Rs.600/- per day which comes around Rs.18,000/- but the

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tribunal erroneously fixed Rs.8,000/- per month. Further the accident was happened in the year 2016. So also, disability of the appellant has not been properly appreciated by the tribunal. Hence, he prayed to enhance the compensation.

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The learned counsel for the second respondent raised objection to

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enhance the compensation and also stated that considering the oral and documentary evidence, the tribunal rightly arrived compensation. Furthermore, he pointed out that notional income also been fixed based upon the G.O. NO. 2

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(D), Labour and Employement(J1) dated 12.12.2013, as Rs.8,000/-.

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Considering the fact that as per the certificate issued by the doctor the

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appellant sustained 50 % permanent disability but that certificate was not issued

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by the medical board. Therefore, the tribunal has fixed 50% for the loss of earning capacity but monthly fixed Rs.8,000/-. Considering the fact that accident was happened in the year of 2016 it is also admitted fact that he was tipper lorry driver and accident was happened in the year of 2016, he could have earned Rs.500 per day. Considering the cost of living in the year 2016, this Court is inclined to enhance income from RS.8,000/- to Rs.16,000/-. In respect

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of other heads awarded passed by the tribunal needs no interference.

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In view of the discussions made earlier, the award passed by the

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Tribunal is modified as follows:

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*S.No.*	*Head*	*Compensation* *awarded by the* *tribunal*	*Compensation* *awarded by this* *Court*
1.	Age factor	201.66	201.66
2.	Salary	Rs.8,000/-	Rs.16,000/-
3.	Disability	50%	50%
4.	Compensation	8000x60/100x201.6	16000x60/100x201.
		6x50/100	66x50/100
	Total	Rs.4,83,984/-	Rs.9,67,968/-

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In view of the discussions made earlier, the compensation awarded by

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the Tribunal is enhanced to Rs.9,67,968/-. The 2nd respondent/Insurance

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Company is directed to deposit the enhanced award amount together with interest at the rate of 7.5% per annum from the date of claim petition to the date of realisation, after deducting the amount already deposited, if any, to the credit

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of W.C No. 203 of 2017, on the file of Commissioner, Employees Compensation of Labour, Coonoor, within a period of six weeks from the date of receipt of copy of this judgment. On such deposit, the appellant/claimant is

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permitted to withdraw the said amount by filing appropriate application before

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the Tribunal.

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