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2001 DIGILAW 977 (ALL)

ANAND DUPLEX LTD. v. JAVAID AHMAD KHAN

2001-10-30

SUDHIR NARAIN, V.M.SAHAI

body2001
SUDHIR NARAIN AND V. M. SAHAI, JJ. ( 1 ) THIS appeal is directed against the order dated 25. 8. 2001 passed by Commissioner, Workmens Compensation, Meerut in w. C. A. Case No. 54 of 1998 awarding a sum of Rs. 2,39,753. 70. ( 2 ) THE claim petition was filed by the respondent with the allegation that he was employed by the appellants. He worked for 16 hours on 13. 7. 1997. The employer asked him to work more and on refusal he was thoroughly beaten. He suffered injury. ( 3 ) THE Commissioner found that the respondent suffered 80 per cent disability and is entitled for compensation of rs. 2,39,753. 70. This order has been challenged in the present appeal. ( 4 ) WE have heard Mr. R. S. Mishra learned counsel for the appellants. The learned counsel for the appellants has assailed the finding recorded by the Commissioner. He submitted that the findings are perverse. ( 5 ) WE have perused the impugned order and the material which has been placed before us. We do not find that the findings recorded by the Commissioner are perverse. ( 6 ) THE second submission made by the learned counsel for the appellants is that there is no specific finding that the injury was caused to the respondent during the course of employment. The Commissioner has accepted the version of the respondent that the respondent was in the employment of the appellants and when he refused to work for more than 16 hours he was beaten by the employer and his men. ( 7 ) THE last submission of the counsel for the appellants is that the finding that the respondent suffered 80 per cent loss of his earning capacity is totally baseless. He has annexed the copy of the report of the doctor. The relevant part of the report of the doctor, Annexure 6, reads as under:"on examination: (1) Hemiplegia present. Lt. side involving It. side face. Lt. upper and It. lower limb due to old head injury. (2) Face is turned towards It. side and speech is not clear. (3) He is unable to perform any normal functions and he is totally unfit for his job as well as most uncomfortable to perform his day-to-day normal routine life work. Lt. side involving It. side face. Lt. upper and It. lower limb due to old head injury. (2) Face is turned towards It. side and speech is not clear. (3) He is unable to perform any normal functions and he is totally unfit for his job as well as most uncomfortable to perform his day-to-day normal routine life work. Opinion: in my opinion percentage of loss of earning capacity for hemiplegia is about 75 per cent vide Gazette of India, part 1, section II, No. 4-2/83-II, W. III, government of India, Min. of Welfare dated 6. 8. 1986 for face region (speech)is about 5 per cent vide section 2 (1) (g)and (i) and Schedule I of Workmens compensation Act total percentage of loss is about 75 + 5 = 80 per cent of loss is permanent, partial in nature. Note: Disability is judged on behalf of gazette, Workmens Compensation Act and personal experience. M. I. black mole rt. arm lower third outer side. Photograph of J. Ahmad attested. " ( 8 ) THE report of the doctor has been admitted on file. We do not find any merit in this appeal. The appeal is accordingly dismissed. Appeal dismissed. .