KAMAL DEV PRASAD Vs. MAHESH FORGE

JUDGEMENT

(1.) Leave granted.

(2.) The appeal is filed against the reduction of the disability as per the Employees' Compensation Act, 1923 (as it is presently named). The Commissioner under the Act allowed 100% disability and adopted the factor of 213.57 thus determining the total compensation to be Rs.3,20,355.00. The Commissioner also awarded 12% interest from the date of accident and 50% penalty i.e. Rs.1,60,178.00 for reason of the employer having not paid the compensation within one month from the accident. The employer filed an appeal, the order in which is impugned herein by the employee.

(3.) The only contention taken is that Part II of Schedule I of the Act lists out the injuries and the percentage of loss of earning capacity is statutorily determined. The appellant is entitled to only 34% was the contention of the employer which was accepted by the High Court.