NATIONAL INSURANCE COMPANY LTD Vs. LALLA RAM KEWAT

JUDGEMENT

(1.) This appeal under Section 30 of the Workmen's Compensation Act, 1923 (in short "W.C. Act") has been filed on behalf of the appellant/Insurance Company, whereby the claim of workman/respondent no.1 has been allowed to the extent of Rs. 2,02,977/-.

(2.) No exhaustive statements of fact are required to be narrated for the purpose of disposal of this appeal since they are already mentioned in para 2 to 4 of the impugned order. Suffice it to say that the workman met with an accident which arose out of and during the course of his employment and in the said accident his two fingers were amputated and third finger became seriously injured and therefore now he cannot discharge his work. According to claimant he was earning Rs. 4000/- per month and at the time of accident his age was 27 years. Thus, on the basis of medical evidence it was found that disability upto the extent of 40% was sustained by the claimant/respondent no.1 and thus awarded a sum of Rs. 2,02,977/- with a further stipulation that in case said amount is not deposited within 45 days the claimant shall be entitled to 9% interest from the date of order.

(3.) The contention of Smt. Ruprah learned counsel for appellant is that the policy was obtained by mentioning wage upto Rs. 3060/- and if that would be position if the employer of workman was paying more salary exceeding the amount for which insurance was made, he himself is responsible and liability of insurance cannot be fastened upon the shoulders of Insurer on the excess amount of salary which was not insured. By inviting my attention to Section 4(c) of the W.C. Act it has been contended that since in the Schedule-I part-II the injury which the workman sustained is 20%, therefore, impugned order directing to pay compensation holding the disablement to be 40% is contrary to law. Hence it has been submitted that impugned order be modified accordingly.