MANAGER EKLEHRA COLLIERY Vs. RAMJAN

JUDGEMENT

(1.) AGGRIEVED of the order dated April 23, 1987, passed in Case No. WC/44/84/np by Workmen's Compensation Commissioner, Jabalpur, the employer has filed this appeal under Section 30 of the Workmen's Compensation Act, 1923, (for short 'the Act' ).

(2.) THE workman was employed in Eklehra Colliery and because of the nature of duty he suffered occupational disease, namely, pneumoconiosis but the employer did not pay any compensation on account of disability suffered. Therefore, the workman filed an application under Section 3 of the Act. The defence of the employer is that the workman did not suffer with the disease. The Commissioner, therefore, got the workman examined by the Medical Board who assessed the disability and loss of earning capacity at the rate of 50 per cent, hence declared the workman unfit to perform his duties. On this the Commissioner held that it was a case of 100 per cent loss of physical capacity because the workman was incapacitated to do his work as disease affected breathing which made him difficult to put on any hard labour and thus ordered the payment of: compensation of Rs. 62,350/ -.

(3.) LEARNED counsel for the appellant contended that Medical Board assessed 50 per cent loss of earning capacity, therefore, the compensation should not have been awarded more than 50 per cent as the workman at the time of filing of the application was in service whose employment was not discontinued.