1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD FIRST APPEAL NO.706 OF 2009 -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. S.B.Madale, Advocate, h/f Mr. N.B.Suryawanshi, Adv., for the appellant. ... CORAM : K.U. CHANDIWAL, J. DATED : 9th July, 2009 ... P.C.:- 1. Heard learned Counsel for the appellant. In an unfortunate accident, Conductor, born on 1.6.1957, drawing a salary of more than Rs. 3,000/- suffered 30 per cent permanent disablement. The gravity of disablement was so high that, his services have been terminated w.e.f. 10.6.1996 on the ground of unfitness. This clearly indicates the traumatic position the appellant has undergone for loss of his employment. His claim before the learned Commissioner for Workmens Compensation, Labour Court has been taken into consideration in terms of age factor being 35 years, application of the scale available and multiplier. Consequently, the learned Judge has reached a conclusion of entitlement to the extent of Rs. 98,530/-, and has made deductions of Rs. 2 21,709/-, the amount already received by the appellant. The award of Rs.76,821/-, in the situation, is in terms of provisions of Workmens Compensation Act. Needless to add, since the appellant, a Conductor with the Department, having lost his employment, not because of his fault but due to the accident during the course of employment, is at liberty to pursue his other remedies. The appeal is dismissed. (K.U. CHANDIWAL) JUDGE agp/fa706-09