Case Note & Summary
The appellant, Binddadin Ramasray Varma, was a labourer working on a truck owned by respondent no.1. On 13 December 2003, he sustained a compression fracture of vertebrae L1 and L2 while working, resulting in permanent partial impairment of 65% as certified by Dr. Amit Ajgaonkar. He also lost control over his bowels and urethra. The appellant filed a claim before the Commissioner for Workmen's Compensation and Judge, Sixth Labour Court, who partly allowed the claim on 29 April 2009, awarding Rs. 3,74,115/- based on a 40% disability assessment. The insurance company paid the awarded amount and did not challenge the order. The appellant appealed against the rejection of part of his claim, arguing that the Commissioner erred in assessing disability at 40% instead of 65% as per the medical certificate. The High Court examined the evidence, including the testimony of Dr. Ajgaonkar, and found that the Commissioner had not provided sufficient reasons to disregard the medical certificate. The court held that the disability should be taken as 65% for computing compensation. Applying the formula under the Workmen's Compensation Act, 1923, the court recalculated the compensation: monthly wage of Rs. 3,000 (notional), relevant factor 197.06 for age 45, and 65% loss of earning capacity, resulting in Rs. 3,84,267/-. Adding 50% towards pain and suffering and medical expenses (Rs. 1,92,133.50) and Rs. 5,000 for funeral expenses, the total came to Rs. 5,81,400.50, rounded to Rs. 5,82,000/-. The court directed the respondent no.1 (employer) to pay the enhanced amount of Rs. 2,07,885/- (difference) with 12% interest from the date of the claim application until payment, within eight weeks. The appeal was allowed in part.
Headnote
A) Workmen's Compensation - Permanent Partial Impairment - Assessment of Disability - Section 4, Schedule I, Workmen's Compensation Act, 1923 - The appellant sustained compression fracture of vertebrae L1 & L2 resulting in 65% permanent partial impairment as per medical certificate - The Commissioner assessed disability at 40% without sufficient reasons - Held that the medical certificate is reliable and the disability should be taken as 65% for computing compensation (Paras 5-8). B) Workmen's Compensation - Loss of Earning Capacity - Computation of Compensation - Section 4, Workmen's Compensation Act, 1923 - The appellant, a labourer aged 45 years, suffered loss of control over bowels and urethra - The Commissioner awarded Rs. 3,74,115/- based on 40% disability - On appeal, the High Court recalculated compensation based on 65% disability and enhanced the amount to Rs. 5,82,000/- with interest (Paras 9-10).
Issue of Consideration
Whether the learned Commissioner for Workmen's Compensation erred in assessing the appellant's permanent partial impairment at 40% instead of 65% as per the medical certificate, and whether the compensation awarded was inadequate.
Final Decision
The appeal is partly allowed. The judgment and order dated 29 April 2009 is modified. The respondent no.1 (employer) is directed to pay the appellant an additional amount of Rs. 2,07,885/- (being the difference between Rs. 5,82,000/- and Rs. 3,74,115/-) with interest at 12% per annum from the date of the claim application until payment, within eight weeks from the date of the order.
Law Points
- Workmen's Compensation Act
- 1923
- Section 4
- Schedule I
- permanent partial impairment
- disability assessment
- medical certificate
- loss of earning capacity
