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Madhya Pradesh High Court · body

2017 DIGILAW 301 (MP)

National Insurance Co. Ltd. v. Munna Lal

2017-02-28

ANJULI PALO

body2017
JUDGMENT : Smt. Anjuli Palo, J. 1. Being aggrieved by the award dated 20.09.2005 passed by the Commissioner for Workmen’s Compensation-cum-Labour Court, Jabalpur in Case No. 118/03/W.C. (Non Fatal), this appeal has been filed under Section 30 of the Workmen’s Compensation Act, 1923. 2. It is admitted fact at the time of accident, Munnalal/respondent no. 1 was working at M/s Mirific Enterprises/respondent no. 2 and due to the accident he sustained grievous injuries in his right hand. His middle finger of right hand and two phalanges of index finger was amputated. 3. In Trial Court, respondent no. 1/Munnalal’s case was that he was working as a labour with respondent no. 2 and at the time of accident i.e. on 31.10.2002, he was manufacturing gum when suddenly his right hand came into gear of insturnar and two phalanges of index finger and middle finger of his right hand was amputated. He lost grip of his right hand. Respondent no. 2 was his employer and appellant was the insurance company, therefore, the respondent no. 1/claimant has filed a claim for compensation against them. 4. Learned Court below found 100% disability has been caused to the applicant/respondent no. 1 at the time of his employment, hence for the aforesaid grievous injury and disability learned Court below passed an award of Rs. 2,56,800/- against the respondents. 5. The insurance company has challenged impugned award particularly on the grounds that as per schedule-I of the Workmen’s Compensations Act the total loss of earning capacity comes to 18% only but, the learned Court below held the disablement to be 100% and awarded excessive compensation in favour of claimant/respondent no. 1, therefore, prayed for modification in impugned award on the basis of Schedule-I of the Workmen’s Compensation Act, 1923 only for loss of 18% earning capacity. 6. When the incident happened on 31.10.2002, the claimant/respondent no. 1 was 39 years old. The disbursement of the amount was stayed by the order of the Court since 31.07.2009. Admittedly, District Medical Board Jabalpur issued the disability certificate (Ex. P/4) in favour of claimant/respondent no. 1. The team of doctors found 40% permanent disability in his right hand. He was declared totally unfit for the labour work since 31.10.2002 by the District Medical Board, Jabalpur because he lost grip in his right hand. 7. Learned Trial Court awarded Rs. 2,56,800/- as compensation in favour of claimant/respondent no. P/4) in favour of claimant/respondent no. 1. The team of doctors found 40% permanent disability in his right hand. He was declared totally unfit for the labour work since 31.10.2002 by the District Medical Board, Jabalpur because he lost grip in his right hand. 7. Learned Trial Court awarded Rs. 2,56,800/- as compensation in favour of claimant/respondent no. 1 by a reasoned order as elaborated in Para 16, 17 and 18 of the impugned order. This Court finds no illegality or perversity in the impugned order passed by the Court below. 8. Accordingly, the appeal is dismissed.