M P ELECTRICITY BOARD Vs. LACHCHIRAM

JUDGEMENT

(1.) THIS appeal is filed by the employer, M. P. Electricity Board, challenging the award dated 14-3-2001 passed by Commissioner, Workmen Compensation No. I, Gwalior in Case No. 4/99 WCA, whereby the Commissioner has awarded an amount of Rs. 46,714/ -.

(2.) THE brief facts of the case are that respondent, Lachchiram met with an accident during the course of his employment on 5-8-1996. He was paid compensation to the sum of Rs. 1,86,854/by the present appellant assessing his disablement at 80%. Ex. P-1 is the document showing the payment to the respondent. The services of the respondent were terminated by the employer vide Ex. P-2, dated 15-5-1998 on the ground that he is unable to perform his duties due to the accident. This order was passed on the basis of medical certificate (Ex. P-3), dated 16-12-1997.

(3.) ONCE the services of the employee are terminated on the ground that he is not fit to continue in the service due to the injuries sustained by him he becomes entitled to 100% disablement. In the present case as he was paid an amount of Rs. 1,86,854/- assessing his disablement at 80% the claim filed by the present respondent for payment of compensation assessing his disablement at 100%, i. e. , for the balance of the amount of compensation. The Commissioner awarded the claim of Rs. 46,714/- as the balance of compensation assessing his disablement at 100%.