Madhya Pradesh High Court
Ramjan Khan vs Ayyub Khan on 6 February, 2025
Author: Prem Narayan Singh
Bench: Prem Narayan Singh
NEUTRAL CITATION NO. 2025:MPHC-IND:3121
1 MA-6278-2019
IN THE HIGH COURT OF MADHYA
PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
MISC. APPEAL No. 6278 of 2019
RAMJAN KHAN
Versus
AYYUB KHAN AND OTHERS
Appearance:
Shri J.M. Poonegar, counsel for appellant.
Shri Anil Kumar Goyal, counsel for the respondent no.2.
Reserved on: 10.01.2025
Delivered on: 06.02.2025
JUDGMENT
This miscellaneous appeal by appellants/claimants under Section
30 of Workmen's/Employees Compensation Act, 1923 arising out of the
Award dated 04.11.2019 passed by Commissioner For Workmen
Compensation Act, Labour Court, Khandwa (hereinafter it would be
referred to as "the Commissioner") in Claim Case No.22/2018 seeking
enhancement of compensation amount.
2. The date of accident, negligence and issue of liability are not in
dispute and the findings recorded by the learned Commissioner in this
regard are also not in question.
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3. As per the findings of the learned Commissioner, while
adjudicating the claim the disability of the injured has been calculated as
38% only whereas, as per the appellant, the same should be not less then
50% therefore, the claiming award should be enhanced in view of the
nature of injuries.
4. Further, learned counsel for the appellant contends that learned
Commissioner has committed an error in not awarding just and proper
amount of compensation in the case as the amount awarded by the
leaned Commissioner is on the lower side. The Claims Tribunal has
committed an error in assessing the percentage of injury of the injured,
hence, in view of future prospects, applying adequate multiplier
including compensation under other conventional heads, the reasonable
amount of compensation may be awarded.
5. On the other hand, learned counsel for Insurance Company has
argued in support of the impugned Award and contended that the
learned Commissioner has rightly awarded the compensation amount in
the case, which does not call for any interference by this Court.
However, at the time of argument, counsel for the respondent has agreed
that the percentage of disability of the injured may only be enhanced to
the extent the Court may deems fit in the interest of justice and other
part of the impugned award shall remain intact.
6. Heard learned counsel for the parties and perused the record.
7. After hearing learned counsel for the parties and going through the
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record, I find substance in the arguments advanced by the counsel for
the appellant. So far as income of the deceased is concerned, as per the
evidence, the same is not liable to be interfered with. So far as the
disability of the injured is concerned, as the counsel for the appellant the
learned Commissioner has passed the award by calculating and applying
the formula as 8000x60%x181.37x38% =3,30,819/-.
8. As per the averments so made by counsel for appellant, proposal so
arrived before this Court only with regard to the enhancement of
disability percentage as well as considering the objection of counsel for
respondent, in the considered opinion of this Court, the disability
percentage of the injured should be calculated by learned Commissioner
@45%. Hence, by applying the formula 8000x60%x181.37x45%, the
total amount of award should be 3,91,759/- in place of 3,30,819/- i.e. the
amount of claim should be enhanced by 60,9037/- (Round up
Rs.61000/-) excluding the medical expenses.
9. In view of the aforesaid, the impugned award is set aside only qua
calculation of the percentage of disability of injured and the same is
enhanced from 38% to 45% and hence, the amount of award is liable to
be and his hereby enhanced from Rs.3,30,819/- to Rs.3,91,759/-
excluding the medical expenses, hence, the respondents shall pay the
difference amount of Rs.61000/- (round up) respectively in accordance
of the terms and conditions of the award.
10. Accordingly, the appeal is allowed and disposed off on the
aforesaid terms. Rest findings of award so passed by learned
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Commissioner stands affirmed.
11. The enhanced amount shall carry interest as fixed by the learned
Commissioner from the date of filing of claim petition till its realization.
The said amount be paid within a period of three months from the date
of receipt of certified copy of this order. Rest of conditions as imposed
by learned Commissioner shall remain intact.
12. If the enhanced amount of compensation is in excess to the
valuation of appeal, the difference of the Court fee (if not already paid)
shall be deposited by the appellant- Labour Court/Commissioner within
a period of one month from the date of award/judgment and proof
thereof, shall be submitted before the Registry. Thereafter, the Registry
shall issue the certified copy of the order passed today.
13. In view of above, miscellaneous appeal filed by the appellant-
claimant stands disposed of.
(PREM NARAYAN SINGH)
JUDGE
amit
