FA/60520/2003 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 605 of 2003 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 ? ========================================================= RAGHAV DAYABHAI SATWARA - Appellant(s) Versus MULJI NATHABHAI SATWARA PROPRIETOR RAVINA CAST & 2 - Defendant(s) ========================================================= Appearance : MR AR SHAIKH for Appellant(s) : 1, MR RC KAKKAD for Defendant(s) : 1 - 2. MR HASMUKH THAKKER for Defendant(s) : 3, ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 11/08/2008 ORAL JUDGMENT 1.0. This appeal is directed against the judgment and award dated 22nd January, 2002 passed by the learned Ex- Officio Commissioner for Workmen's Compensation and FA/60520/2003 2/4 JUDGMENT Labour Judge, Labour Court, Jamnagar in Workmen's Compensation (Non-Fatal) Case No. 28 of 1997 whereby, the application was partly allowed and the respondents were jointly and severally liable to pay to the appellant Rs.11,200/- by way of compensation with running interest @ 12% from the date of the accident till realization. 2.0. The short facts of the case are :- 2.1. The appellant was an employee of the respondent no.2. While he was discharging his duty on 18th January, 1996, the appellant met with an accident and sustained severe injuries, where the phalanx of his left hand was cut. The appellant, therefore, preferred an application before learned Ex-Officio Commissioner for Workmen's Compensation and Labour Judge, Labour Court, Jamnagar in Workmen's Compensation (Non-Fatal) Case No. 28 of 1997, for grant of compensation on the ground of permanent disability sustained by him while discharging his duty. 2.2. The learned trial Judge, after hearing the parties and after considering the evidence on record, partly allowed the application and granted Rs.11,200/- by way compensation with running interest @ 12% from the date of accident till realization. FA/60520/2003 3/4 JUDGMENT 2.3. Being aggrieved and dissatisfied with the impugned award, the appellant has approached this Court by way of this appeal. 3.0. Heard learned counsel for the respective parties. It is an admitted position that the workman was earning Rs.2,600/- p.m. towards salary. In absence of any evidence on record, the Court below has assessed the age of the workman at the relevant time at 20 years on the basis of the medical certificate at Exh. 31. 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 totally lost the phalanx of his left hand, but assessed the percentage of loss of earning capacity @ 5%, as no evidence was led by the appellant towards the same. However, the said conclusion reached by the Court below is erroneous. In view of that, the Act provides the percentage of loss of earning capacity @ 9% in such cases. 3.2. Since workman was aged 20 years at the relevant time, the factor of 224 would be applicable as per the provisions of the Act. Therefore, the workman shall be FA/60520/2003 4/4 JUDGMENT entitled for compensation of Rs.1,000/- towards loss of earning capacity being 50% of Rs.2,000/-. The relevant factor is 224 and, therefore, the amount comes to Rs.2,24,000 [224 x 1000]. Therefore, the total loss of earning capacity would come to Rs.20,160/- [i.e. 9% of Rs.2,24,000/-]. 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. 8,960/- with running interest @ 12% from the date of application till realization. The Insurance Company shall pay additional amount of Rs.8,960/- to the workman, within three months from the date of receipt of this order and the interest amount shall be paid by the original owners, within three months thereafter. No order as to costs. [K.S. JHAVERI, J.] /phalguni/