SHANKARLAL Vs. GENERAL MANAGER CENTRAL RAILWAY

JUDGEMENT

(1.) THE appellant, aggrieved of the award passed by the Commissioner for Workmen's Compensation, Gwalior, (for short 'the Commissioner') on September 8, 1959, awarding 25 per cent of the permanent total disability, has preferred this appeal under Section 30 of Workmen's Compensation Act, 1923, (for short 'the Act' ).

(2.) THE circumstances giving rise to this appeal are : The appellant, a Shunting Master in the Central Railway at Gwalior, during the course of his employment, on December 24, 1973, met with an accident, as a result of which he got a fracture in right tibia and fibula of right leg. He was treated in Railway Hospital and then in the J. A. Group of Hospitals, Gwalior for a period of five years for comminuted fracture lower 1/3rd tibia with a gap and a big septic wound in the lower third of right leg with loss of skin, projecting sequestrated bone pieces. During his treatment the appellant was also referred for skin-grafting and subsequent reconstructive procedures, but the condition of the appellant could not improve. After all treatments, the fracture remained malunited resulting in shortening of the leg by 4". Exh. P-10, a medical certificate, shows swelling on two shins with discharge extending from lower third of right lower limb to toes, movement at ankle joint absent, flexion by 50 per cent present and painful.

(3.) THE Medical Board of the Central Railway examined him on November 21, 1978 and assessed the loss of earning capacity at 20 per cent of permanent partial disablement, as the injury was a nonscheduled injury. In the opinion of the employer, the appellant was not in a position to perform his original job of Shunting Master, hence, he was offered an alternative job of Power Recorder. The appellant could not perform this job also, as the floor of the room in which he was to sit to perform this job was a marble floor, on which he was not in a position to walk even with the help of his crutches; hence, requested to assign any other job at a place where he can move with the help of crutches, but the respondent refused. Ultimately, the appellant served a notice under Section 80. Civil procedure Code for payment of Rs. 14,000/- as compensation for permanent total disablement.