UNITED INDIA INSURANCE CO LTD Vs. SACHIDANANDA PRABHU

JUDGEMENT

(1.) The second opposite party insurance company before the Commissioner for Workmen's Compensation, Ernakulam is the appellant herein. The application for compensation was filed by the first respondent herein, under Section 22 of the Workmen's Compensation Act, in respect of personal injury sustained to him in an accident which occurred at about 8.40 p.m. on 31.8.1995. According to the applicant, while he was in the course of his employment as wire drawing operator under the second respondent herein during second shift, his right hand got caught in the machine and sustained serious injuries to his right hand resulting in traumatic amputation of right hand thump, index and middle fingers. The applicant claimed a total compensation of Rs. 1,53,090/-. Second respondent admitted the employer employee relationship and also admitted that the accident arose in the course of employment. But, contended that vide cheque dated 2.7.1996 an amount of Rs. 35,210/- was also paid to the applicant in full and final settlement of the claims. Accordingly a memorandum of agreement dated 18.6.1996 evidencing settlement of the claim was also entered into.

(2.) By Ext. A6 disability certificate dated 9.11.95, doctor assessed physical disability at 46%. Based on that certificate, considering Schedule I and Section 4 of the Workmen's Compensation Act, Commissioner assessed loss of earning capacity at 60%. Ext.A5 medical certificate shows that he had traumatic crush amputation of right thumb index and middle fingers with three percent deep dermal burn on right hand forearm. Therefore, Commissioner observed as follows:

(3.) Even though there is a settlement for payment of compensation, when it is sent for registration under Section 28, Commissioner has a duty to verify whether due compuation has been paid. Section 17 of the Workmen's Compensation Act says as follows: