Case Note & Summary
The appellant, Shriram General Insurance Co. Ltd., challenged the Judgment and Award dated 18.10.2014 passed by the Commissioner of Employees' Compensation and Judge, Sixth Labour Court, Mumbai in Application (WCA) No. 179/C-35 of 2013, on the ground that the quantum of compensation awarded to the respondents was excessive. The only ground of challenge was that the Trial Court had calculated compensation on the basis of permanent partial disability assessed at 61%, which was on the higher side. The appellant's counsel argued that Dr. Khanna, who issued the disability certificate, had not treated the claimant-respondent No.1 and only examined him clinically. The injuries were a fracture to the right foot proximal phalanx with abrasion on right foot dorsal on 3rd and 4th toes. Dr. Khanna assessed disability based on tenderness, deformity, scarring, painful and restricted movements, inability to stand or walk for long, inability to do labour work, and non-consolidated fracture. The appellant also pointed out that the respondent No.1's driving license was renewed on 27.01.2013 after finding him physically fit, suggesting no permanent disability. The court considered the submissions and held that the disability assessment of 61% was on the higher side, especially given the renewal of the driving license. The court reduced the compensation by 50%, from the awarded amount to a reduced amount, without specifying the exact figures in the judgment text. The appeal was partly allowed.
Headnote
A) Workmen's Compensation - Permanent Partial Disability - Assessment of Disability - Section 4, Workmen's Compensation Act, 1923 - The court examined whether the disability assessment of 61% for a fracture to the right foot proximal phalanx with abrasion was justified. The court noted that the medical expert had not treated the claimant and that the claimant's driving license was renewed, indicating fitness. The court held that the disability assessment was on the higher side and reduced the compensation accordingly (Paras 4-7).
Issue of Consideration
Whether the assessment of permanent partial disability at 61% by the Trial Court was excessive and whether the quantum of compensation awarded under the Workmen's Compensation Act, 1923 should be reduced.
Final Decision
The appeal is partly allowed. The quantum of compensation awarded by the Trial Court is reduced by 50%.
Law Points
- Workmen's Compensation
- Permanent Partial Disability
- Assessment of Disability
- Quantum of Compensation
- Evidence of Medical Expert
