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UNITED INDIA INSURANCE CO. LTD. versus USHA, W/O.LATE SIVADASAN

High Court of Kerala

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UNITED INDIA INSURANCE CO. LTD. v. USHA, W/O.LATE SIVADASAN - MFA No. 395 of 2002(C) [2007] RD-KL 8806 (28 May 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

MFA No. 395 of 2002(C)

1. UNITED INDIA INSURANCE CO. LTD.,
... Petitioner

Vs

1. USHA, W/O.LATE SIVADASAN,
... Respondent

2. MINOR NITHEESH, S/O.LATE SIVADASAN,

3. MINOR NIMISHA, D/O.LATE SIVADASAN

4. VENUGOPALAN(4TH APPLICANT_, DO.DO.

5. JANAKI AMMA, W/O.VENUGOPALAN, DO.DO.

6. A.A.THOBIAS,(1ST OPPOSITE PARTY),

For Petitioner :SRI.M.S.PATTALI

For Respondent :SRI.N.P.SAMUEL

The Hon'ble MR. Justice J.B.KOSHY The Hon'ble MR. Justice K.P.BALACHANDRAN

Dated :28/05/2007

O R D E R

J.B.KOSHY & K.P.BALACHANDRAN, JJ.

M.F.A.No.395 OF 2002 Dated 28th May, 2007

JUDGMENT

Koshy,J

. A registered headload worker working in the establishment of the sixth respondent (first respondent in the claim petition) sustained fatal injuries during the course of employment. He died leaving his young wife, two minor children and aged parents. AW1, wife of the deceased, deposed before the Commissioner that monthly income of the deceased was more than Rs.4,000/=. In the claim application also it is stated that the monthly income was Rs.4,000/=. Ext.A7 is the identity card to show that he was a headload worker permanently employed in the sixth respondent's establishment. The Commissioner assessed income at Rs.4,000/=. Taking the undisputed age of the deceased, the correct factor was taken and calculated compensation. The only ground taken by the insurance company in this appeal is that the Commissioner should not have taken Rs.4,000/= as the monthly wages. Since the deceased was a regular worker and even if Rs.150/= per day was taken as the income, the monthly income will be more than Rs.4,000/=. The accident occurred in 2001. Even considering the minimum wages for a manual worker in Kerala, Rs.4,000/- assessed by the Commissioner as monthly income is not high. MFA.395/2002 2 In any event, the assessment of monthly income by the Commissioner as Rs.4,000/= cannot be taken as a substantial question of law. Under Section 30 of the Workmens' Compensation Act, an appeal will not lie if there is no substantial question of law. Finding of the Commissioner that the deceased was getting Rs.4,000/= as monthly wages is only a finding of fact and we see no ground to interfere with the matter. The appeal is dismissed. J.B.KOSHY

JUDGE

K.P.BALACHANDRAN

JUDGE

tks


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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