SHRI SANJOY DEBBARMA, SON OF LATE BIRENDRA CH. DEBBARMA, RESIDENT OF HATIRLETA, P.S. AMTALI, DISTRICT Vs. THE STATE OF TRIPURA, (REPRESENTED BY THE SECRETARY TO THE GOVT. OF TRIPURA), POWER DEPARTMENT, AGARTALA

JUDGEMENT

(1.) (Oral) - This appeal under Sec. 30 of the Workmen's Compensation Act,1923 is directed against the judgment and award dated 19-03-2004, passed by the Commissioner of Workmen's Compensation, West Tripura, Agartala in Case No.TS(W/C)19/2001.

(2.) Heard learned counsel, Ms. K. Roy for the appellant and learned counsel, Mr. G.S. Bhattacharjee for the respondent Nos. 1, 2 and 3 and learned counsel, Mr. Sankar Bhattacharjee for the respondent No. 4.

(3.) It is urged by learned counsel, Ms. K. Roy that the learned Commissioner, Workmen's Compensation has clearly held that the appellant-petitioner suffered 100% disability for the purpose of his earning but while calculating compensation, the learned Tribunal taken 60% out of the monthly income of the appellant-petitioner and that was an apparent wrong committed by the Tribunal. She has also submitted that the appellant-petitioner was an Electrical Mechanic and that is the job of a skilled worker whereas the Tribunal treated him as a daily labourer and applied the Govt. rate of Rs. 56.00 as the wages of daily labourer and calculated the compensation accordingly.