Madras High Court
Chellapandi vs Sureshkumar on 7 March, 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN
C.M.A(MD)No.422 of 2019
Chellapandi ... Appellant
vs.
1.Sureshkumar
2.The Branch Manager,
National Insurance Company Ltd.,
Jeram Building 1st Floor,
Fort Station Road,
Trichy District. ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 30(1) of
Workmen Compensation Act praying this Court to enhance the award
passed in W.C.No.114 of 2015 on the file of the Workmen's
Compensation Commissioner/Tribunal, Dindigul, dated 28.08.2017.
For Appellant : Mr.R.Mohana Sundaram
for Mr.C.K.M.Appaji
For R1 : No appearance
For R2 : Mr.R.Srinivasan
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JUDGMENT
************
This Civil Miscellaneous Petition is filed by the injured
claimant/appellant herein seeking enhancement of compensation.
2.The appellant /injured has filed a claim petition in W.C.No.114
of 2015 before the Workmen's Compensation Commissioner for the
injuries sustained during the course of the employment. He has appeared
before the Medical Board whereby the Medical Board has issued
disability certificate at the rate of 80%. Based upon Schedule 1, Section
(b), Serial No.20 of the Workmen Compensation Act, 1923, for below
knee amputation, 50% earning capacity has been reduced and also taking
note of the fact that the claim petitioner has taken treatment for left
zygomaticomaxillary complex with facial soft tissue injury and left
clavicle fracture, the Commissioner/Tribunal has fixed the loss of
earning capacity at 65% and taking into consideration the age of the
injured at 39 necessary ratio at 186.90 is arrived at. Since no document
for salary is filed, the commissioner has adopted the minimum wages
payable to the Driver as per GO(2D) No.91 Labour and Employment
Department dated 12.12.2013 and fixed the basic salary at Rs.4,584%
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along with Dearness Allowance of Rs.5,792 and totally a sum of
Rs.10,386/-. However, in view of the slashing, a sum of Rs.8,000/- was
taken. Accordingly, the loss of earning capacity has been arrived at
60/100 x 8000 x186.90 x 65/100 = Rs.5,83,128/-.
3.The learned counsel for the claimant would contend that the
functional disability of 65% to arrive at the loss of earning capacity, is
too low. After perusing the disability certificate issued by the medical
board consisting of the Joint Director/President in Special Medical
Committee, Dindigul, dated 11.05.2017, wherein the disability is fixed at
80% and also considering the surgery undertaken by the claim petitioner
which has fall under Serial No.20 in Section B, Schedule-I, the Tribunal
has rightly arrived at the loss of earning capacity as 65% and adopted
correct multiplier along with ratio and hence, I do not find any error in
arriving at the said compensation. Besides, the medical bill to the tune
of Rs.1,35, 433 was also allowed.
4.The learned counsel for the claimant would contend that the
balance of Rs.64,400/- was deducted as a credit payment. Those head of
account was deducted as a credit payment, since the labour was having
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no means to pay at time, he availed the credit facility and hence, a sum of
Rs.65,400 is now allowed.
5.In the result, the Civil Miscellaneous Petition is allowed only to
the extent of Rs.64,500/- partly. The quantum of compensation awarded
by the Tribunal is enhanced from Rs.7,18,561/- to Rs.7,83,061/-.
The appellant/claimant is directed to pay the court fee, if any, for the
enhanced compensation amount and the Registry is directed to draft the
decree only after the receipt of Court fee. The second respondent herein
- National Insurance Company Limited is directed to deposit the entire
compensation of Rs.7,83,061/- (if not already deposited) together with
interest at the rate of 12% per annum from the date of claim petition till
the date of deposit to the credit of W.C.No.114 of 2015 on the file of the
Workmen's Compensation Commissioner Tribunal, Dindigul, within a
period of eight weeks from the date of receipt of a copy of this order. On
such deposit being made, the appellant/claimant is permitted to withdraw
the entire amount after following the due process of law. No costs.
10.02.2022
Index:Yes/No
Internet:Yes/No
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To
1.The Workmen's Compensation Commissioner/Tribunal,
Dindigul.
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
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RMT.TEEKAA RAMAN.,J.
cp
JUDGMENT MADE IN
C.M.A(MD)No.422 of 2019
07.03.2022
https://www.mhc.tn.gov.in/judis
