MUKTIRAM NAMDEO CHANDMARE Vs. VERTEX ENGINEERING WORKS

JUDGEMENT

(1.) FOR the reasons briefly indicated hereinafter, the order passed by the Additional Commissioner for Workmen's Compensation, Bombay, on January 23, 1981 in Application No. 183/C -29 of 1976 is modified as under : 'The Opposite Party is hereby ordered to pay to the applicant a sum of Rs. 4,282 together with interest on Rs. 5,032 at 5 per cent per annum from November 1, 1976 after deducting therefrom the amount already withdrawn by the applicant from deposit made in pursuance of order, dated January 23, 1981, being the order under appeal'.

(2.) ON November 17, 1975, the applicant met with an accident. At the time of accident, the appellant was employed with the Opposite Party. The applicant claimed compensation from the Opposite Party in the Court of the Additional Commissioner for Workmen's Compensation, Bombay. The case papers produced by A.W. 4 Shanbhag of the Cooper Hospital shows that the applicant had suffered permanent partial disability of 20 per cent. The St. Georges Hospital certified that the applicant had suffered permanent partial disability to the extent of 25 per cent. The trial Court had referred the controversy to one Dr. Pandit, a panel doctor. Dr. Pandit opined that the permanent partial disability of the applicant was 15 per cent. At the material time, the applicant was paid wages at the rate of 10.50 per day. The applicant was thus in the wage group of Rs. 300/400 at the material time. The Learned Commissioner held that in view of expert opinion of Dr. Pandit, he was of the opinion that the applicant had suffered 15 per cent permanent partial disability. The Learned Commissioner quantified the amount of compensation payable at Rs. 3,780. The opposite party has already deposited a sum of Rs. 756 in the Court of the Learned Commissioner for being paid to the applicant. The Additional Commissioner directed the opposite party to pay balance of Rs. 3024 together with interest on Rs. 3,780 at 5 per cent per annum from November 1, 1976 within one month from the date of the order.

(3.) THE learned Commissioner was within his jurisdiction to appreciate the evidence and accept the opinion evidence of Dr. Pandit as more reliable than the testimony of other witnesses, I confirm the finding of the Learned Commissioner on this aspect of the case.