"Wife Knows Husband's Salary": Bombay HC Enhances Compensation To Driver's Kin Under Employees' Compensation Act Sans Salary Slip In 19 Yr Old Case

The Bombay High Court's Aurangabad bench recently enhanced compensation awarded to a deceased truck driver's kin under the Employees' Compensation Act, 1923 relying on the oral testimony of the wife.

Justice SG Dige observed that the labour court wrongly discarded the wife's evidence in the absence of a salary slip in a 19-year-old-case.

"The deceased was driver of the truck vehicle so no question of salary certificate arise as he was private employee of truck owner. Generally, the wife knows salary of the husband," the High Court observed.

The court increased the salary consideration from Rs. 2000 to Rs 3000 per month as the wife had claimed her husband was receiving Rs. 4000 inclusive if Bhatta (extra earned on the side.) It therefore enhanced the award from Rs.2,11,790 plus 9% interest to Rs.3,17,685 along with 12% interest.

On 31st January, 2003, when the deceased Parmeshwar was driving his truck at 6.00 am, a truck from the opposite direction collided with his truck, killing him immediately.

The appellants included the driver's parents, wife and two-year-old son. They approached the Commissioner for Workmen's Compensation and Judge, Labour Court, Latur who considered the driver's salary only at Rs 2000 in the absence of documentary proof and used 9% as the interest rate.

In their 2004 appeal the family claiming that the wife's testimony was wrongly discarded and the interest amount was also less than what the statute provided.

The respondent's counsel argued that the trial Court has passed the judgment and order on the basis of evidence led before the trial court, and has considered all the aspects. No evidence was produced before the trial Court to prove that the deceased was getting Rs.4,000 per month as salary.

While the High Court relied on the wife's statement for the salary, it noted that according to Section 4-A of the Employees' Compensation Act, 1923, 12% interest would apply as a penalty to the employer for not clearing the compensation within a month.

The bench disposed off the petition accordingly.

Case Title : Sunita and ors v Sandipan Dyanoba Tathapare and anr

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