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FA/555/1991 4/ 4 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 555 of 1991
For
Approval and Signature:
HONOURABLE
MR.JUSTICE KS JHAVERI
=========================================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To be
referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================================
KOLI
NAGA ARSI - Appellant(s)
Versus
CASTLA
ROCK SEA FOODS PVT. LTD - Defendant(s)
=========================================================
Appearance
:
MR
TH SOMPURA for
Appellant(s) : 1,
MR AH SHAH for NANAVATI ASSOCIATES for
Defendant(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date : 29/07/2008
ORAL
JUDGMENT
1. This
appeal is directed against the judgment and award dated 15th
February, 1991 passed by the Commissioner for Workmen’s Compensation,
Veraval in Workmen’s Compensation Application No. 135 of 1989
whereby, the application was partly allowed and the
appellant-original opponent was directed to pay Rs.4,358.50 paise to
the respondent-original applicant within a period of one month from
the date of an award, failing which interest @ 12% will be liable to
be paid from the date of incident till realization of the awarded
amount.
2.0. The
short facts of the case are :-
2.1. The
appellant-original applicant was working in the factory of the
respondent-original opponent on the monthly salary of Rs.600/-. On
6th October, 1988, while discharging his duties, he met
with an accident, as a result of which he received injuries on his
right limb and his right hand up to wrist. The appellant, therefore,
preferred an application before the learned Commissioner Workmen’s
Compensation, for grant of compensation.
2.2. The
learned trial Court after hearing the respective parties and
considering the evidence on record, partly allowed the application
and directed the respondent to pay Rs.4358.30 paise to the appellant
within one month from the date of award, failing which interest @ 12%
from the date of accident till realization of the awarded amount.
Hence, this appeal.
3.0. Heard
learned counsel for the respective parties. It is admitted that the
workman was earning Rs.600/- p.m. In absence of any evidence on
record, the Court below has assessed the age of the workman at the
relevant time by 24 years on the basis of the medical certificate at
Exh. 29. In my opinion, the said assessment arrived at by the Court
below is just and reasonable.
3.1. In
the impugned award, the Court below has recorded finding that the
workman had not totally loss the fingers in his right hand and that
he had sustained injuries in the middle and ring finger. Accordingly,
on the basis of Sr. No.31 and Sr. No. 35 of Part II of Schedule I of
the Workmen’s Compensation Act, the Court below has assessed the
percentage of loss of earning capacity at 12% and 7% respectively,
totalling to 19% as a whole. The Court below has committed error in
also relying upon the disability assessed by the Doctor concerned,
which is contrary to the provisions of the Act.
3.2. In
my opinion, looking to the evidence on record, the Court below ought
to have relied upon the assessment made in the medical evidence of
the Doctor concerned. Since workman was aged 24 years at the relevant
time, the factor of 218.47 would be applicable as per the provisions
of the Act. Therefore, the workman shall be entitled in all, Salary
of Rs.600 its 50% = Rs. 300 and the relevant factor is 218.47 i.e
218.47 x 300 = 65,541/ and since he had sustained 19% disability he
would be entitled for 12,453/-.
3.3. Further
in view of the amended provisions of the Act, the appellant is
entitled interest @ 6% instead of 12%, from the date of application
i.e. from 24th January, 1989 till realization.
4.0. In
the result, the appeal is partly allowed. The impugned award of the
Court below is modified to the extent that the workman shall be
entitled for an additional amount of Rs. 8095/- and interest @ 6%
from the date of application till realization. Rest of the award
remains as it is. No order as to costs.
[K.S.
JHAVERI, J.]
/phalguni/
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