1. This appeal has been filed against the judgment and award passed by the learned Workmen's Compensation Commissioner, Labour Court, Kutch at Gandhidham in W.C. (NF) Case No.2 of 2003, whereby, the said case was allowed and the appellantInsurance Company has been directed to deposit an amount of Rs.90,000/ before the Tribunal along with interest @ 9% p.a. from the date of accident till its realization.
2. The facts in brief are that respondent no.1 original claimant, was serving as a cleaner of a truck bearing no. GJ12 T8844 owned by respondent no. 2. On 02.08.2002 while respondent no. 1 was discharging his duties at that time an accident occurred, as a result of which he sustained severe injuries. As no compensation was paid, respondent no.1 filed the claim petition before the learned authority, which came to be allowed by way of the impugned award. Hence, this appeal.
3. Heard learned counsel for the respective parties and perused the documents on record. The factum of occurrence of accident has not been disputed. It appears from the record that the learned authority has not considered the case of the workman under Section 4(1)(b) of the Workmen's Compensation Act [the “Act” for short] on the basis of the medical certificate issued by one Dayasagar Charitable Trust dated 28.07.2004, wherein it has been stated that the respondent workman has sustained permanent disability of 24%. At this stage, if we undertake a bare reading of Section 4(1) (b) of the said Act, it is clear that the Act deals with the permanent disablement only. However, the documents on which the learned authority has placed reliance does not mention about any permanent disablement. It only states that the permanent disablement is 24%. It is also required to be noted that the said document does not give any description about the author or in other words it does not give details about the Doctor who has issued the said certificate. In such circumstances, I am of the view that the learned authority ought not to have considered the case of the respondent workman under Section 4(1)(b) of the Act since the issue of disablement was not a scheduled injuries. In my opinion, considering the evidence on record, the injuries sustained by the respondent workman would be quantified under Section 4(1)(c)(2) of the said Act and not under Section 4(1)(b).
4. Accordingly, by considering the monthly income of the deceased at Rs.1,300/, the 60% of the amount would come to Rs.780/ The relevant factor as per the schedule appended to the Workmen's Compensation Act is 226.38. Hence, the income would be Rs.1,76,576/ The permanent total disability assessed is 24%, which would come to Rs.42,378/ rounded figure Rs.42,400/.
5. For the foregoing reasons, the appeal is partly allowed. The impugned award passed by the learned authority is modified to the extent that the workman shall be entitled for compensation of Rs.42,400/ along with interest @ 9% per annum from the date of the application till its realization. The excess amount deposited shall be refunded to the appellant Insurance Company.
6. The appeal stands disposed of accordingly. No order as to costs.
[K.S. JHAVERI, J.] /phalguni/