NEW INDIA ASSURANCE COMPANY LTD Vs. KARAN SINGH

JUDGEMENT

(1.) HEARD learned counsel for the appellant, Sri Dinesh Pathak and learned counsel for the claimant respondent Mohd. Naushad Siddiqui.

(2.) PRESENT First Appeal From Order, under Section 30, Workmen's Compensation Act, arises against compensation award dated February 1, 1998 passed by Workmen's Compensation Commissioner, U. P. Kanpur Kshetra Kanpur in Workmen's Compensation Case No. 41 of 1998, Karan Singh v. Subhash Chandra and others, by means of which Workmen's Compensation Commissioner came to the conclusion on the ground that concerned workman had suffered injuries during course of employment and as a consequence of the said injury his right let (sic leg) just below the knee was imputed and he had suffered complete disability.

(3.) LEARNED counsel for the claimant respondents referred to the decision in the case of Oriental Insurance Company Ltd. v. T. Pitchaimani and others, 1999 Accident Claims Journal 537 (Pr11), where in the learned Single Judge of the said Court considering various other decisions held that "i am not inclined to accept the only submission made by the learned counsel for the appellant that the `batta' paid to the workman in this case shall not be taken into account while computing the wages as deflined under Section 2 (1) (m) of the Act. . . . . . . . . . . . . From the nature of the claim in this case, it appears to me that the workman can claim that amount as a matter of right and he was not at the sweet will and disposal of his employer. . . . . . . . . . . . I am of the opinion that the authority under the Workmen's Compensation Act had not committee any illegality in taking into account the sum paid to the workman as `batta' in arriving at the `wages' earned by the workman per month. "