FAO-2864-1999 [222] Karmi Dev Ranjit Saga Coram : Present: PANKAJ J [1] awarded by 1923. [2] deceased employmen [3] the record o Commissio Name of th Kanshi Ra Gopi Ram [4] 1999 (O&M) IN THE HIGH COURT OF AT CHANDIGA FAO-286 Date of De i Devi and others versus it Sagar Dam Project and another HON’BLE MR. JUSTICE PA Mr. Brahmjot Singh Nahar, Ad Advocate for the appellants. Respondents are proceeded 18.09.2000. **** KAJ JAIN, J. (ORAL) Claimants are in appeal seekin ded by the Commissioner under the There is no dispute with res ased or his death in an accident arising oyment. The only issues raised are:- (i) Calculation of compensa (ii) Denial of penalty and in After hearing counsel for the ecord of the case, this Court finds that missioner needs to be re-worked. of the deceased Age hi Ram son of Ram 52 years Section 4 of the 1923 Act, at t T OF PUNJAB AND HARYANA DIGARH 64-1999 (O&M) of Decision : 23.02.2026 …Appellants ….Respondents PANKAJ JAIN Advocate and Mr. Vidul Kapoor, eeded ex parte vide order date seeking enhancement of compensatio er the Workmen’s Compensation Ac ith respect to the employment of th arising out of and during the course o - pensation. and interest. or the appellants and carefully perusin s that the compensation awarded by th Relevant factor as per Schedule IV 146.20 at the relevant point of time, reads 1 poor, r dated ensation n Act, of the ourse of erusing d by the dule IV reads RAJNEESH SHARMA 2026.02.27 11:11 I agree to specified portions of this document FAO-2864-1999 as under:- 1999 (O&M) - “4. Amount of compensatio of this Act, the amount of namely:- (a) where death results from the injury (b) where permanent total disablement results from the injury Explanation I.- For the purpose factor”, in relation to a workman second column of Schedule IV ag of that Schedule specifying the same as the completed years of t birthday immediately precedi compensation fell due; Explanation II.- Where the mon [two thousand rupees], his mo Clause (a) and clause (b) shall rupees] only, xxxxx sation.-(1) Subject to the provisions t of compensation shall be as follows, an amount equal to [fifty per cent.] of the monthly wages of the deceased workman multiplied by the relevant factor; or an amount of [fifty thousand rupees], whichever is more; an amount equal to [sixty per cent] of the monthly wages of the injured workman multiplied by the relevant factor; or an amount of [sixty thousand rupees], whichever is more; poses of Cl. (a) and Cl. (b), “relevant kman means the factor specified in the IV against the entry in the first column the number of years which are the s of the age of the workman on his last ceding the date on which the monthly wages of a workman exceed s monthly wages for the purposes of shall be deemed to be [two thousand xxxxxx xxxxx” 2 sions ws, per s of man tor; sand per s of lied sand vant the umn the s last the eed of sand RAJNEESH SHARMA 2026.02.27 11:11 I agree to specified portions of this document FAO-2864-1999 [5] ₹58,480/- claimants a compensati [6] [7] disposed of 23.02.2026 ‘R. Sharma' 1999 (O&M) Thus, the compensation will -. The same is rounded off to ₹ ants are also entitled for penalty, wh ensation. With the aforesaid modificatio All pending miscellaneous a ed off. .2026 Whether speaking/ reasoned Whether reportable will be 146.20 x 1000 x 40 / 100 ₹59,000/-. In terms of Section 4A which will be 50% of the awarde fication, the appeal is disposed off. eous application(s), if any, stands (PANKAJ JAIN) JUDGE : Yes/No : Yes/No 3 / 100 = tion 4A, awarded tands RAJNEESH SHARMA 2026.02.27 11:11 I agree to specified portions of this document