appellants, has relied upon the judgment of the Honourable
Apex Court in the case of New India Assurance Co.Ltd. Vs.
V.K.Neelkandan and others ( (1999) 2 SCC 256 ) to
support his contention that the benefit of increased limit of
deemed income of a workman was liable to be extended in the
case in hand. In view of the judgment of the Honourable Apex,
Court relied upon by the appellants, in the case of New India
Assurance Co.Ltd. Vs. V.K.Neelkandan and others (cited
supra), however, the interpretation as has been made by the
learned Commissioner that the increase in the deemed income
vide notification 31st May, 2010, has to be prospectively made
applicable, cannot be sustained has to be rejected. The
Honourable Apex Court in the judgment cited supra has held
that the Workmen's Compensation Act, being a Special
Legislation for the benefit of the labour, any benefit, if is
conferred on the workmen, and the said benefit is available on
the date when the case is finally adjudicated, the said benefit
should be extended to the workmen.
11. The facts in the case of New India Assurance
Co.Ltd. Vs. V.K.Neelkandan and others (cited supra), were
thus: the accident had taken place in the year 1981. As per
the law operating at the relevant time , the deemed limit for
the income of the workman was Rs.1,000/- per month. The
compensation in the said matter was, however, claimed stating
the wages of the deceased workman to be Rs.1800/- per
month, which were being actually received by the said
deceased workman. The compensation was, however, assessed
by the Commissioner under the Act, deeming the wages as
Rs.1,000/- per month. In the meanwhile, Section 4 of the Act
was amended in 1995 by Amendment Act (30 of 1995) whereunder
the deemed income was increased from Rs.1,000/- to
Rs.2,000/-. In the aforesaid background, the Honourable Apex
Court ruled that the benefit conferred on the workman available
on the date when the case is finally adjudicated was liable to be
extended to the workman. The Honourable Apex Court,
therefore, enhanced the amount of compensation by calculating
the same on the basis of the actual wages of Rs.8000/- being
drawn by the deceased workman.
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO.3103 OF 2015
Varsha Santosh Birajdar,
VERSUS
Sujata Ashok Pokharkar,
CORAM: P.R.BORA, J.
Date of pronouncing judgment: 5/4/2016
Citation:2016(3) ALLMR362
