UNION OF INDIA Vs. HAMINDKHAN ABBASKHAN PATHAN

JUDGEMENT

(1.) This First Appeal is filed by the appellant under section 30 of the Workmen Compensation Act, 1923 against the judgment and order dated 27.02.2003 passed by the Judge and Ex-Officio Commissioner for the Workmen Compensation Act, Surat (Labour Court) in Workmen Compensation Application No.3 of 2000, whereby the learned Commissioner has awarded the compensation of Rs. 1,62,662/- alongwith interest at the rate of 12% from the date of application. While passing the said order, the learned Commissioner ordered to pay interest on 1,62,662/- from the date of accident to the date of depositing the amount of Rs. 81,331/- upto 10.12.2001 and thereafter, to pay interest on remaining amount of Rs. 81,331/- till the payment.

(2.) The brief facts of the case are that the respondent was working under the Chief Controller, Western Railway, Udhna. On 19.08.1998. when the respondent was working as Senior Assistant Driver for Bardoli-Gangadhar train, a flying insect heat on the head of the respondent and due to which he sustained injury to his right eye. Thereafter, he took primary treatment at Chanthal Railway Station and then he was examined by Senior Divisional Officer, Udhna and he took treatment from 19.08.1998 to 10.10.1998. Further, the respondent was sent to Jagjivanram Hospital, Mumbai for further treatment. Since there was reduction in working capacity of the respondent, he was put in B one category from A one category. Senior Medical Officer, Udhna issued certificate certifying 40% reduction in working capacity of the respondent. However, he was badly damaged and his life was ruined and considering all these aspect, there was 80% reduction in working capacity of the respondent. Therefore, he claimed the application seeking compensation of Rs. 1,59,638.40 with 12% interest.

(3.) Heard Mr. Mukesh Patel, learned advocate for appellants and Mr. Hardik Brahmbhatt, learned advocate for the respondent.