MANGRU PALJI Vs. ROBINSONS

JUDGEMENT

(1.) The above First Appeal, under S. 30 of the Workmen's Compensation Act, 1923 was filed by the claimant workman Mangru Palji, whose claim for Rs. 1,260/-, as compensation for the personal injury, caused to him by an accident, arising out of and in the course of his employment, with the respondent, on December 18, 1969, while he was working at 19, Alexandra Dock, in the hatch of the ship and unloading big iron bars from the wire hook sling, was dismissed, by the Additional Commissioner for Workmen's Compensation, Bombay.

(2.) The learned Commissioner found that the claimant had suffered 10% permanent partial disability, as a result of the accident, and the respondent admitted that the personal injury was caused to the claimant, while on duty on the ship S. S. "Concordia Viking" berthed at C-9, Alexandra Docks. The respondent contended that although the St. George's Hospital had assessed his permanent partial disability at 10%, the claimant resumed duty, on Feb. 25, 1970; and he was temporarily disabled for 64 days; and half monthly payments due to him by way of compensation came to Rs. 320/-. According to them, the claimant had not lost his "earning capacity", inasmuch as he was getting the same amount as wages as before.

(3.) In support of his claim, the workman examined himself and stated how he got disability of 10%, which was not In dispute. He further stated: