FA/555/1991 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 555 of 1991 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 ? ========================================================= KOLI NAGA ARSI - Appellant(s) Versus CASTLA ROCK SEA FOODS PVT. LTD - Defendant(s) ========================================================= Appearance : MR TH SOMPURA for Appellant(s) : 1, MR AH SHAH for NANAVATI ASSOCIATES for Defendant(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 29/07/2008 ORAL JUDGMENT 1. This appeal is directed against the judgment and award dated 15th February, 1991 passed by the Commissioner for Workmen's Compensation, Veraval in Workmen's Compensation Application No. 135 of 1989 whereby, the FA/555/1991 2/4 JUDGMENT application was partly allowed and the appellant-original opponent was directed to pay Rs.4,358.50 paise to the respondent-original applicant within a period of one month from the date of an award, failing which interest @ 12% will be liable to be paid from the date of incident till realization of the awarded amount. 2.0. The short facts of the case are :- 2.1. The appellant-original applicant was working in the factory of the respondent-original opponent on the monthly salary of Rs.600/-. On 6th October, 1988, while discharging his duties, he met with an accident, as a result of which he received injuries on his right limb and his right hand up to wrist. The appellant, therefore, preferred an application before the learned Commissioner Workmen's Compensation, for grant of compensation. 2.2. The learned trial Court after hearing the respective parties and considering the evidence on record, partly allowed the application and directed the respondent to pay Rs.4358.30 paise to the appellant within one month from the date of award, failing which interest @ 12% from the date of accident till realization of the awarded amount. Hence, this appeal. FA/555/1991 3/4 JUDGMENT 3.0. Heard learned counsel for the respective parties. It is admitted that the workman was earning Rs.600/- p.m. In absence of any evidence on record, the Court below has assessed the age of the workman at the relevant time by 24 years on the basis of the medical certificate at Exh. 29. In my opinion, the said assessment arrived at by the Court below is just and reasonable. 3.1. In the impugned award, the Court below has recorded finding that the workman had not totally loss the fingers in his right hand and that he had sustained injuries in the middle and ring finger. Accordingly, on the basis of Sr. No.31 and Sr. No. 35 of Part II of Schedule I of the Workmen's Compensation Act, the Court below has assessed the percentage of loss of earning capacity at 12% and 7% respectively, totalling to 19% as a whole. The Court below has committed error in also relying upon the disability assessed by the Doctor concerned, which is contrary to the provisions of the Act. 3.2. In my opinion, looking to the evidence on FA/555/1991 4/4 JUDGMENT record, the Court below ought to have relied upon the assessment made in the medical evidence of the Doctor concerned. Since workman was aged 24 years at the relevant time, the factor of 218.47 would be applicable as per the provisions of the Act. Therefore, the workman shall be entitled in all, Salary of Rs.600 its 50% = Rs. 300 and the relevant factor is 218.47 i.e 218.47 x 300 = 65,541/ and since he had sustained 19% disability he would be entitled for 12,453/-. 3.3. Further in view of the amended provisions of the Act, the appellant is entitled interest @ 6% instead of 12%, from the date of application i.e. from 24th January, 1989 till realization. 4.0. In the result, the appeal is partly allowed. The impugned award of the Court below is modified to the extent that the workman shall be entitled for an additional amount of Rs. 8095/- and interest @ 6% from the date of application till realization. Rest of the award remains as it is. No order as to costs. [K.S. JHAVERI, J.] /phalguni/