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.
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M.F.A.No.395 OF 2002
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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