KHATUBEN MUSABHAI Vs. SHRIRAM OIL MILL

JUDGEMENT

(1.) Heard learned Advocate Ms. Trusha K. Patel for appellant workman and learned Advocate Mr. RR Marshall for respondent NO.3 Insurance Co. Though respondents no. 1 and 2 are served, they have not appeared before this court either in person or through an advocate, therefore, this being an old matter, Court is deciding this matter in their absence.

(2.) Through this appeal, the appellant original workman has challenged award made by Workmen's Compensation Commissioner Rajkot in WC Application No. 38 of 1989 Exh. 68 dated 11th February, 1991 wherein the WC Commissioner has awarded Rs.30,853.00 in favour of the respondent claimant payable by opponents jointly and severally while adjusting amount of Rs.19775.00 already deposited by opponent no.3 insurance company. Under the said award, opponents were directed to pay remaining amount of compensation of Rs.11078.00 within period upto 25.3.1991. It was also ordered that if the remaining amount of Rs.11078.00 is not paid by opponents on or before 25.3.91, then, opponents have to pay interest on said amount at the rate of 12 per cent per annum from the date of application till realization thereof in full.

(3.) Learned Advocate Ms. Trusha Patel for appellant claimant submitted that WC Commissioner has' committed gross error in not considering 100 per cent disability in earning capacity though leg upto knee was amputated due to injury received by claimant in accident. She relied upon the decision of apex court in K. Janarthan Versus United Insurance Company Limited and Another reported in (2008) 8 SCC page 518 and submitted that identical case has been examined by apex court while determining percentage of disability and incapacity in earning capacity for computing compensation wherein 50% disability is prescribed in Sch.I Pt. II List 20 for amputation of leg, and it was held by apex court that it would result in 100 per cent disability and incapacity in earning capacity. She further submitted that after accident, an amount of Rs.19775.00 was deposited by insurance company but that was not the full amount deposited by company and, therefore, WC Commissioner ought to have imposed penalty upon the amount of compensation as per section 4(A) of WC Act. She also submitted that the WC Commissioner has committed gross error in denying 12 per cent interest from the date of accident and, therefore, present appeal is filed.