35 1 1r FsA No 755 of 1988 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FeAeOe Noe755 of 1988 Date of Decision April 2011 1 1 Q 0 0 Mlse Ajay Carding Works Panipat 4ppelIant C5 Versus I Mahabir Dass and another Respondents Z C CORAM HONBLE MRUSTICE MOHINDER PAL I l Whether Reportersof Iocal papers may be allowed to see Z the judgment7 CO 2 To be referred to the Reportersor not 3 3 Whether Z the judgmentshould be reportedin the Digest7 Presentl None for the parties MOHINDER PAL J Mls Ajay Carding Works Panipat lereinafter referred to as the employer has filed this a ppeal chaIlenging the order l award dated 2461988 passed by the Commissioner under the Workmens Compensation ActPanipat hereinafter referred to as the . uma 2012.09.06 11: 47 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:57 I attest to the accuracy and integrity of this document 36 2 91 FeAnOa Noa755 of 1988 1 Commissioner whereby compensation of Rs2827810 along with expenses to the extent of Rs 10001 were granted to respondentNo l Mahabir Dass hereinafter referred to as the workman because the Ieft hand of the workman had been choppedoff in the accident occurred while he was on duty at the premisesof the employer on 261984 at 100 PM The Commissioner after appraisingthe entire evidence Ied 1 by the parties held that there existed relationshipof master and 0 servant between the employerand the workman and that accident 0 had occurred whiie the workman was on duty at the premisesof C5 the employer I DrDilgulzarSingh 1Wl stated that the permanent Z disability of the workman was 70 The workman had to remain hospitalizedfrom 2631984 to 121984 ie for seventeen days as deposedby Satish Kumar Pharmacist AW2 I At the time of accident the workman was about 35 years Z of age and was drawing RsA011oer month as salary from the Q0 employer It is obvious that because of the Ieft hand of the workman having Z been choppedoff his earning capacity as a Iabourer reduced considerably The amount of compensation mentioned above awarded to the workman by the Commissioner can in no way be said to be on the higher side In the grounds of a ppeai while mentioning that the workman had claimed compensation to the tune of Rs205801 but the Commissioner granted him compensationto the tune of Rs2827810 along with expenses to the extent of Rsal0001 it was contended that 1 relief more than claimed could not be granted by the Commissioner On the face of it this contention may appear to be carryingsome . uma 2012.09.06 11: 47 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:57 I attest to the accuracy and integrity of this document 37 3 b FAeOe Noe755 of 1988 le t weight but when weighed with the evidence on record and the sufferingsof the workman it Ioses its weight As noticed above in the accident the ieft hand of the workman had been chopped off resultingin permanent disabilityto the extent of 70 per cent Due to the disabilityof the appellant and he having suffered a Iot mentallyphysicallyand financiallyfor having to remain hospitalizedfor seventeen days on account of the choppingoff 1 his Ieft hand besides keeping in view the fact that no intereston the 0 compensationamount was granted by the Commissioner I am of the 0 considered view that the amount of compensation grantedby the I t5 Commissioner is just adequate I Resultantly I do not find any merit in this appeal The same is accordinglyherebydismissed CC I Datedl April 2011 PALI JUDGE Z 1 m 7 Z 0a 1 S . uma 2012.09.06 11: 47 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:57 I attest to the accuracy and integrity of this document