FA/175/1987 1/5 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 175 of 1987 For Approval and Signature: HONOURABLE MR.JUSTICE KS JHAVERI ========================================= = 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================= = BV DAMAR Versus ASHOK ENGG. WORKS &1 & 1 ========================================= = Appearance : MR RN SHAH for Appellant MR RAJNI H MEHTA for Respondent No.1 NOTICE SERVED for Respondent No.2 ========================================= = CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 08/05/2008 ORAL JUDGMENT 1. By way of present appeal, the appellant – original applicant has challenged the order dated 10.11.1986 passed FA/175/1987 2/5 JUDGMENT by the Civil Judge (S.D.) & Commissioner for Workmen Compensation, Panchmahals at Godhra, in Workmen Compensation Case No.619 of 1985, whereby the Court below dismissed the said petition. 2. The facts in brief, as emerging from the record, are as under. 2.1 The appellant, original applicant had filed a case being Workmen Compensation Case No.619 of 1985 against the respondents, original opponents, praying for getting Rs.24,000/- plus Rs.1,000/- for the medical expenditure along with the interest and costs of the petition from the respondents, original opponents. In the said petition, the respondent No.2, original opponent No.2 filed his reply at Ex.13 and prayed for the dismissal of the suit with costs. 2.2 The trial Court, after considering the entire evidence on record, dismissed the petition of the appellant – plaintiff vide the impugned judgment and award. Hence, the present appeal. 3. Heard Mr.R.N.Shah, learned counsel for the appellant. 4. It is the case of the appellant that the Court below has FA/175/1987 3/5 JUDGMENT erred in awarding only RS.7,159.02 paise as compensation to the appellant from the respondents. It is the case of the appellant that the Court below has erred in not properly appreciating and applying the principles for assessment and computation of compensation under the Workmen's Compensation Act. It is also the case of the appellant that the Court below has appreciated that the appellant was working as a Mechanic in the factory of respondent No.1 and on account of the accident caused in the course of his employment, the appellant has lost three fingers – Index finger, Middle finger and the Ring finger of his left hand and, therefore, the appellant cannot now work as a Mechanic. The appellant submits that in view of the principles laid down by the Hon'ble Supreme Court, the Court below has assessed the appellant's disability as permanent total disability and awarded him the entire amount claimed together with penalty. It is the case of the appellant that the Court below has erred in assessing the appellant's disability at 21% which is lower than even the percentage of disability mentioned in Schedule-I, Part-II. It is the also the case of the appellant that the Court has erred in not awarding anything for the temporary total disablement which the appellant had admittedly suffered on account of hospitalisation for two months for treatment of the injuries FA/175/1987 4/5 JUDGMENT sustained by the appellant during the course of the employment. It is also the case of the appellant that the Court below has erred in not awarding anything for medical expenses although specifically claimed by the appellant. In view of the aforesaid facts and circumstances of the case the order passed by the Court below is required to be quashed and set aside and the present appeal is required to be allowed. 5. In view of the aforesaid facts, I am of the view that the Court below, after framing the issues, has discussed the evidence on record in para-7 of the impugned judgment and award. Considering the facts of the case, I am of the opinion that the Court below was completely justified in passing the impugned judgment and award. I am in complete agreement with the reasonings given and the findings arrived at by the Court below in the impugned judgment and award, no further amount as per the scheduled shall be required to be paid as claimed by the appellant and hence, find no reason to interfere in this appeal. 6. For the foregoing reasons, the appeal stands dismissed. No order as to costs. [K. S. JHAVERI,J.] FA/175/1987 5/5 JUDGMENT vijay