RAGHURAJ SINGH Vs. NORTHERN RAILWAY

JUDGEMENT

(1.) THIS appeal is at the instance of a workman. It is directed against an order registering the memorandum of agreement between the appellant and his employer, namely, the Northern Railway.

(2.) THE appellant was working as a fireman-grade C, when on 21 October 1960 he met with an accident at Tapri railway station and received an injury to his left eye. He was given medical treatment. Later on he was examined by the divisional medical officer, New Delhi, who assessed the appellant's loss of earning capacity caused by the Injury to his left eye at 10 per cent. The appellant's vision of the left eye was only lessened and not completely lost. The appellant has admitted this fact in his statement. The railway administration transmitted to the Commissioner under the Workmen's Compensation Act, 1823, a memorandum of agreement arrived at between the appellant and the railway administration for registration. The appellant objected to the registration on the ground that it was obtained by misrepresentation and fraud. He also contended that he was entitled to compensation on the basis that the loss of the earning capacity was 30 per cent as laid down in Sch. I to the Workmen's Compensation Act.

(3.) THE Commissioner found that the agreement was not final and the employee was not estopped from contesting it. He also found that on the evidence on the record it has been established that the appellant suffered a lessening of the vision of the left eye and that the loss of the earning capacity of the appellant was 10 per cent. On these findings he came to the conclusion that the appellant was entitled to a compensation of Rs. 490 which had already been paid to him. In the result he directed that the memorandum of agreement should be registered.