JANATHA MODERN RICE MILLS Vs. G SATHYANARAYANA

JUDGEMENT

(1.) This is an appeal preferred by the employer under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act') against the order of the Commissioner for Workmen's Compensation, Rangareddy district Zone ('the Commissioner for short) in W. C. Case No. 155 of 1988 dated 18/12/1990. The brief facts are as follows :-

(2.) The respondent who, according to the appellant herein, was working as a helper in the rice mill of the appellant and was involved in an accident on 3/06/1987. He underwent treatment and as a result of the said accident his left hand had to be imputed up to below elbow. The Doctor's certificate shows that the stump length bellow the elbow is 10" form olecranon. This is not disputed. On this basis the injury suffered by the respondent falls under Item 4 of Part II of Schedule I to the Act which gives the list of injuries "deemed to result in permanent partial disablement". The percentage of loss of earning capacity in the case of such is 60%. Under Memo No. C/10441/87 (NF) dated 17/12/1987, the Commissioner calculated the compensation payable to the respondent at Rs. 24,904-12 ps. on the basis that he, was drawing a salary of Rs. 375.00 per month as helper and that his age at the time of accident was 22 years and that 60% of earning capacity was lost, and directed the said amount to be deposited. The said amount was deposited by the appellant and it was withdrawn by the respondent. The counsel on both sides agree that the said Memo was issued on letter dated December 9, 1987 addressed by the appellant and as per the particulars furnished in the said letter that the respondent was drawing a salary of Rs. 375.00 per month and that his age at the time of accident was 22 years and that 60% of his earning capacity was lost.

(3.) The respondent filed his application for compensation under the Act before the Commissioner stating that the monthly wages that were being paid to him were Rs. 375.00 per month although the minimum wage payable to him was fixed at Rs. 435.00 per month and that he was claiming compensation on the basis of the minimum wages fixed at the relevant time i.e., at Rs. 435.00 per month. He stated in his application that he was aged 23 years at the time of the accident. He also claimed that he was entitled to 100% of loss of earning capacity and on that basis claimed Rs. 47,839-12 ps. as compensation. The said application of the respondent was numbered as W. C. Case No. 155 of 1988.