MOHAMMED Vs. COCHIN PORT TRUST

JUDGEMENT

(1.) The appellant, a workman of the respondent, sustained injuries in an accident out of and in the course of his employment on 20.5.1986. He was under treatment from 20.5.1986 till 31.12.1987. The Chief Medical Officer of the Cochin Port Trust had assessed the partial permanent disability at 20 per cent. The compensation was fixed for the partial permanent disablement at Rs. 12,833. The above amount was not paid as an amount of Rs. 17,356 had been paid towards the hospital leave salary during the period of treatment, relying on regulation 39 of the Cochin Port Trust Employees Leave Regulation. Aggrieved by the above, the appellant filed a claim application before the Workmen's Compensation Court, Ernakulam under section 22 of the Workmen's Compensation Act. The above application was taken on file as WCC No. 59 of 1988. The Workmen's Compensation Court accepted the contention of the employer that an amount of Rs. 17,356 was paid towards hospital leave salary, though he was eligible for an amount of Rs. 12,833 only towards compensation and hence the workman was not entitled to any further compensation. Moreover, proceeding had been initiated to recover the amount exceeding the amount of Rs. 12,833 fixed towards compensation and the application of the workman was dismissed. The above order is under challenge at the instance of the workman.

(2.) Heard the learned counsel for the appellant and the respondent.

(3.) It was the common case that the appellant sustained injury out of and in the course of his employment under the respondent and was on hospital leave for the period from 20.5.1986 to 31.12.1987. It was also admitted that the Chief Medical Officer of the Cochin Port Trust assessed the partial permanent disablement at 20 per cent. While the appellant was undergoing treatment, he was paid Rs. 17,356 towards hospital leave salary. Admittedly, the petitioner was entitled to Rs. 12,833 towards compensation for partial permanent disablement as a result of the accident. The dispute was regarding the appropriation of the above amount due towards compensation for the partial permanent disablement suffered by the appellant in the accident from the hospital leave salary allowed to him.