Devi Singh vs S.N.Sundarson
2023 Latest Caselaw 327 MP

                                  1
 IN     THE      HIGH COURT OF MADHYA PRADESH
                      AT JABALPUR
                           BEFORE
             HON'BLE SHRI JUSTICE VIVEK AGARWAL
                    ON THE 5 th OF JANUARY, 2023
                    MISC. APPEAL No. 2919 of 2004

BETWEEN:-
DEVI SINGH S/O INDER SINGH LODHI, AGED ABOUT 35
YEARS,     R/O     GRAM      - BADARI,   TAHSIL
VIJAYRAGHAVGARH, DISTRICT KATNI, (MADHYA
PRADESH)

                                                              .....APPELLANT
(BY SHRI NARENDRA CHOUHAN - ADVOCATE)

AND
S.N.SUNDARSON & COMPANY, KAHANGAON, POST
NANWARA, TAHSIL VIJAYRAGHAVGARH, DISTRICT -
KATNI (MADHYA PRADESH)

                                                            .....RESPONDENT
 (NONE)

      Th is appeal coming on for hearing this day, t h e court passed the
following:
                                 ORDER

This appeal is filed under Section 30 of the Workmen's Compensation Act by the claimant being aggrieved of award dated 31.8.2004 passed by learned Commissioner under Workmen's Compensation Act (Labour Court), Jabalpur in Case No. 250/2003/WC(Non-Fatal) on the ground that in the accident which took place resulted in amputation of right arm of the claimant 4 inches below elbow, therefore, in the light of the judgment of Hon'ble the Supreme Court in the case of Chandramma Vs. Manager Regional Office NCC Limited and another decided in Civil Appeal No. 9069/2022 arising

out of Special Leave Petition (C) No. 32347 of 2018 cent percent functional disability should have been considered and award should have been passed.

Though nobody is appearing for the respondents but on perusal of the evidence adduced before learned Labour Court, it is evident that the claimant himself has admitted that he is not able to work as earlier but he has not said that he has become functionally unemployable. Similarly, evidence of Dr. Ravi Choudhary is also on record, who certified only 50% disability. There is no iota of evidence to show that the claimant has become functionally disable and, therefore, his disability should be construed as cent percent, therefore, when these aspects are taken into consideration then award of compensation in his

favour does not call for any interference. Thus, the appeal fails and is dismissed.

Record of the Court below be sent back.

(VIVEK AGARWAL) JUDGE PB

PRADYUMNA BARVE 2023.01.05 19:00:56 +05'30'