l^ IN THE HON'BLE HIGH COURT OF JUDICATURE OF CHHATTISGARH ATBILASPUR M.A(Q ^^^- / 2007 APPELLANT ^- <..i.^ .s..^^^^ ^••^^¥S^-~ ^w^-^' ^^^' ^ -^si--" Raj Kumar Yadav S/o Shri Chandu Lal Yadav Age - 17 Years Minor. Through :- Natural Father Shri Chandu Lal Yadav S/o Late Bhuvneshwar Yadav Age 40 Years, R/o Jamul -Ravan Bhatha Near Govt. School., Jamul Tehsil- and Dist-Durg (C.G) VRESUS RESPONDENT k \^.. . ^W '-^CL^t^e^ -(^cunf •3 ^ -• S /*SJ <••''< ct^.^ ^^-<=^^^-( 4~^«. ^s^^- >qj>^a/-»9^s»H>.+ ^ ^ -3^ ]V[adan Lal Agrawal Manager/Owner Jai Kishan Engineering v^/orks 9/A Light Industrial Area „ BhilaiP.S. JAMUL I (. t^o Tehsil & Distt - Durg (C.( j} /o Cc^ ^hf^. APPEAL UNDER SECTION 30 OF WORKMfcN COMPESATION ACT 1933 ^'% % i '^'' ^-^.^ ^ "^^.is^ ^ HIGH COURT OF CHHATTISGARH AT BILASPUR M.A. (C) No. 947 OF 2007 APPELLANT ADDJicant RESPONDENT Raj Kumar Yadav Versus Madan Lal Agrawal Memo of appeal under section 30 ofWorkmen's Compensation Act. '~\ / (SB: Hon'ble Mr. N.K. Aaarwal. J.l Present : Shri Uttam Pandey, Advocate for appellant. Smt. Fouzia Mirza, Advocate for respondent. ORALORDER (Passedon 15.07.2011) t The instant appeal has been preferred by the appellant under Section 30 of the Workmen's Compensation Act, 1923, (for short 'the Act') seeking enhancement in the amount of compensation awarded by Commissioner for Workmen's Compensation, Labour Court, Durg, in case No. 92AA/.C. Act (NF)/04 vide its award dated 21.05.2007. The relationship of employee & employer between the appellant & respondent, and the fact that the accident arose out of and during the course of employment, resulting in loss of three fingers and loss ofterminal phalanx of Thumb of the appellant is not in dispute in the instant case. According to the appellant, he suffered permanent disability to the extent of 80 percent and the Commissionjer has fallen in error in awarding the amount of compensation ^y taking into consideration the loss of earning capacity as 40 percent. •U3 / ^^ '^'l ^ 3. The appeal was admitted for hearing by this court on 05.12.2008 on the following substantial question of law: "Whether the Commissioner for Workmen's Compensation, Labour Court, Durg (CG) ought to have assessed the permanent partial djsabillty sustained by the ciaimant at 80% and not at 40%." 4. Shri Uttam Pandey, learned counsel appearing for the appellant would submit : the Commissioner has erred in assessing permanent partial disability of the claimant/appellant to the extent of 40% only whereas claimant sustained permanent partial disability to the extent of 60%. 5. On the other hand, Smt. Fouzia Mirza, learned counsel appearing for the respondent would submit, the Commissioner has rightly assessed permanent partial disability ofthe appellant on the basis of evidence of the Doctor and therefore no fault can be found in it. 6. I have heard the counsel appearing for the parties, perused the pleadings and evidence available on record and also the order impugned. 7. Indisputably the appellant lost his three fingers and also suffered loss ofterminal phalanx of Thumb. As per Schedute (1) Para 2 Item No. 8 & 10 ofthe Act, loss of three fingers of one hand would result in permanent partial disablement to the extent of 30% and loss of terminal phalanx of Thumb would result in periiianent partial disablement to the extent of 20%. '^ Thus, both th^ injuries would result in permanent partial disablement to the extent of 50%. ^ • 8. As per Section 4(1)(c)(i) of the Act, loss of earning capacity of the appellant would be 50% and not 40%, therefore, the Commissioner has fallen in error in assessing the amount of compensation payable to the appellant/claimant by takmg into consideration the loss of earning capacity of the appellant to the extent of 40% only. 9. Monthly income of the appellant is assessed by the Commissioner as Rs. 780/-, looking to the age of claimant as 17 years at the time of accident, appropriate factor applicable in the case of appellant would be 227.49, therefore, after calculation the amount of compensation payable to the appellant comes to Rs. 53,232/- in place of Rs. 42,586/-. 10. For the foregoing reasons, the substantial question of law formulated by this court is answered in appellants' favour. The appeal flled by the appellant/applteant for enhancement of the compensation is allowed in part: The compensation of Rs. 42,586/- awarded by the Commissjoner for Workmen's Compensation, Labour Court, Durg, is enhanced to Rs. 53,232/- The above amount of compensation shall carry interest @ 12 percent per annum from the date of application till its actuat payment. Rest of the conditions mentioned in the award shall remain intact. The award stands m-odified to the above extent. 11. No order as to costs. Sd/- N.K.A^arwal Judge Sahu