FA/111619/1987 1/5 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 1116 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 ? ========================================================= RAMESHBHAI LILADHAR PANCHAL - Appellant(s) Versus GUJARAT ELECTRICITY BOARD - Defendant(s) ========================================================= Appearance : MR MC BHATT for Appellant(s) : 1, MR MD RANA for Defendant(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 12/08/2008 ORAL JUDGMENT 1.0. This appeal is directed against the judgment and award dated 30th September, 1985, passed by the learned Workmen Compensation Commissioner, Himmatnagar in Workmen's Compensation Case No.8 of 1984 whereby the said FA/111619/1987 2/5 JUDGMENT application was allowed and the amount of Rs.22,225.85 paise deposited by way of remaining amount of compensation, was due and payable to the appellant- workman. 2.0. The short facts of the case are :- 2.1. The appellant was working as a Helper in the respondent-Board. While discharging his duties on 25th February, 1982, the appellant received severe injuries and suffered 100% permanent disablement. It is the case of the appellant-workman that the respondent preferred an application being Workmen's Compensation Case No. 8 of 1984 before the Workmen's Compensation Commissioner, for deposit of the compensation for non-fatal accident to a workman. 2.2. The learned trial Judge, after hearing the parties and after considering the evidence on record, allowed the application and allowed the workman to withdraw the amount of Rs.22,225.85 deposited by the respondent-Board by way of compensation. 2.3. Being and aggrieved and dissatisfied with the impugned award, the appellant-workman has approached this Court by way of this appeal. FA/111619/1987 3/5 JUDGMENT 3.0. Heard learned counsel for the respective parties. It is an admitted position that the workman sustained 100% permanent disablement. At the relevant point of time, the workman was earning wages at the rate of Rs.714.17 paise and was aged 15 years. Therefore, according to Schedule IV of the Act, the workman shall be entitled for total compensation of Rs.33,600/-. However, the respondent-Board has deducted an amount of Rs.8,374.15 paise towards half monthly payment and Rs.3,000/- towards advance payment. According to the provisions of General Standing Order No. 217 and Demand no. 13 of the respondent-Board, if a workman suffers from electrical shock, then he is entitled to special leave and that during that special leave period, the workman is entitled to half the wages. However, the respondent-Board has deducted the said amount which in my opinion, is illegal, unjust and improper. Hence, the workman is entitled for the amount of Rs.8374.15 paise. 3.1. So far as the deduction of Rs.3,000/- is concerned, the same in my opinion is also wrongly deducted as it was paid as an advance payment and was not related with the incident in any manner. The Court below has committed an error in deducting the said amount and FA/111619/1987 4/5 JUDGMENT the same deserves to be modified accordingly. 3.2. So far as the contention with regard to interest is concerned, it is a matter of record that the accident occurred on 25th February, 1982 and that the respondent deposited the amount of compensation on 18th September, 1984, meaning thereby, there was a long delay of about 30 months. Therefore, the workman shall be entitled for interest in view of the provisions of the Act, the workman is entitled to interest @ 6% on the awarded amount. 3.3. In view of the above, the appeal is allowed. The Court below has awarded an amount of Rs.22,225.85 paise as compensation. Over and above the said amount the workman will be entitled for additional compensation of Rs.11,374/-. The workman will also be entitled for interest @ 12% p.a. on the awarded amount of Rs.22,225.85 paise from the date of the application till its realization. 4.0. In the result, the appeal is allowed. No order as to costs. [K.S. JHAVERI, J.] FA/111619/1987 5/5 JUDGMENT /phalguni/