Case Note & Summary
The appeal was filed by the original claimant against the judgment and order of the Labour Court, Ahmednagar (Commissioner under the Workmen's Compensation Act, 1923) in WCA No. 81/1999. The claimant, Ishwar Gulab Pawar (since deceased, represented by his legal representatives), was a driver employed by respondent No. 1, Ayoub Jamal (Qureshi). On 18.3.1999, during the course of his employment, he sustained fracture injuries to one leg and one hand in a motor vehicle accident. The vehicle was insured with respondent No. 2, The New India Assurance Co. Limited. The claimant contended that due to the fractures, he could not work as a driver and claimed compensation under the Workmen's Compensation Act. He adduced evidence that his monthly salary was Rs. 2000/-, but the Commissioner, without any rebuttal evidence, presumed his monthly salary to be around Rs. 1300/- and calculated compensation accordingly. The Commissioner also did not hold that the claimant suffered permanent total disablement. The legal issues were whether the Commissioner erred in assessing the monthly wages and in not finding permanent total disablement. The claimant argued that his evidence on salary and disablement was uncontroverted and should have been accepted. The Insurance Company did not appear. The court analyzed that the Commissioner's presumption of salary at Rs. 1300/- was erroneous in the absence of rebuttal evidence, and the fracture injuries to a leg and hand, preventing work as a driver, amounted to permanent total disablement. The court allowed the appeal, set aside the Commissioner's order, and remanded the matter for fresh assessment of compensation based on the correct monthly wages and permanent total disablement.
Headnote
A) Workmen's Compensation - Assessment of Monthly Wages - Section 4, Workmen's Compensation Act, 1923 - The Commissioner erred in presuming the monthly salary at Rs. 1300/- when the claimant had adduced uncontroverted evidence that his salary was Rs. 2000/- per month. In the absence of rebuttal evidence, the claimant's evidence ought to have been accepted. (Paras 3-4)
B) Workmen's Compensation - Permanent Total Disablement - Schedule I, Workmen's Compensation Act, 1923 - Fracture injuries to one leg and one hand resulting in inability to work as a driver constitute permanent total disablement. The Commissioner failed to consider the claimant's evidence regarding the nature and extent of disablement. (Paras 3-4)
Issue of Consideration
Whether the Commissioner under the Workmen's Compensation Act erred in assessing the monthly wages of the claimant and in not holding that the claimant suffered permanent total disablement due to the injuries sustained in the accident.
Final Decision
Appeal allowed. The judgment and order of the Commissioner under Workmen's Compensation Act, Ahmednagar in WCA No. 81/1999 is set aside. The matter is remanded to the Commissioner for fresh assessment of compensation in accordance with law, considering the claimant's monthly wages as Rs. 2000/- and treating the injuries as resulting in permanent total disablement.
Law Points
- Workmen's Compensation Act
- 1923
- Section 4
- Schedule I
- permanent total disablement
- loss of earning capacity
- monthly wages calculation
- burden of proof
- rebuttal of evidence
Case Details
2014 LawText (BOM) (06) 12
First Appeal No. 744 of 2003
Mr. Rashmi Kulkarni h/f. Mr. S.D. Kulkarni for appellants, Mr. V.N. Upadhye for respondent No. 2
Ishwar Gulab Pawar (died through L.Rs. Manda Ishwardas Pawar, Nirmala Ishwardas Pawar, Anjali Ishwardas Pawar, Shalubai Gulab Pawar, Gulab Sadaji Pawar)
Ayoub Jamal (Qureshi), The New India Assurance Co. Limited
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Nature of Litigation
Appeal against order of Commissioner under Workmen's Compensation Act, 1923 regarding compensation for injuries sustained in motor vehicle accident during employment.
Remedy Sought
Appellants (legal representatives of deceased claimant) sought enhancement of compensation and declaration of permanent total disablement.
Filing Reason
Claimant sustained fracture injuries to leg and hand in accident during employment, claimed compensation; Commissioner awarded compensation based on presumed lower wages and did not hold permanent total disablement.
Previous Decisions
Commissioner under Workmen's Compensation Act, Ahmednagar passed order in WCA No. 81/1999, awarding compensation based on presumed monthly wages of Rs. 1300/- and not holding permanent total disablement.
Issues
Whether the Commissioner erred in assessing the monthly wages of the claimant at Rs. 1300/- instead of the claimed Rs. 2000/- in the absence of rebuttal evidence.
Whether the Commissioner ought to have held that the claimant suffered permanent total disablement due to fracture injuries to leg and hand.
Submissions/Arguments
Appellant argued that claimant's evidence of monthly salary of Rs. 2000/- was uncontroverted and should have been accepted.
Appellant argued that fracture injuries to leg and hand rendered claimant unable to work as a driver, constituting permanent total disablement.
Respondent No. 2 (Insurance Company) did not appear.
Ratio Decidendi
In the absence of rebuttal evidence, the claimant's evidence regarding monthly wages must be accepted. Fracture injuries to a leg and hand that prevent a driver from working constitute permanent total disablement under the Workmen's Compensation Act, 1923.
Judgment Excerpts
The appeal was admitted on 20.8.2004. Today, by consent, heard the learned counsel for appellant/original claimant and learned counsel for Insurance Company for final disposal.
It is the case of appellant/claimant that he sustained fracture injury to one leg and also to one hand and due to fracture injuries, he cannot work as a driver.
It is contended that Commissioner ought to have held that there is permanent total disablement due to these injuries.
Procedural History
The claimant filed WCA No. 81/1999 before the Labour Court, Ahmednagar (Commissioner under Workmen's Compensation Act, 1923) seeking compensation for injuries sustained in a motor vehicle accident on 18.3.1999 during employment. The Commissioner passed an order awarding compensation based on presumed monthly wages of Rs. 1300/- and not holding permanent total disablement. The claimant filed First Appeal No. 744 of 2003 before the Bombay High Court, Bench at Aurangabad, which was admitted on 20.8.2004 and heard finally on 20.6.2014, with judgment pronounced on 24.6.2014.
Acts & Sections
- Workmen's Compensation Act, 1923: Section 4, Schedule I
