ALLOY STEELS PLANT Vs. PIJUSH MAJUMDAR

JUDGEMENT

(1.) The instant First Miscellaneous Appeal has been filed under Sec. 30 of the Employee's Compensation Act, 1923 against the judgment and award dtd. 30/1/2023 passed by the Commissioner, Employees' Compensation, Durgapur in Claim Case No. 3 of 2018, thereby the commissioner awarded a compensation to the tune of Rs.2, 90,520.00 to the respondent/employee together with simple interest at the rate of 12% per annum from the date of accident i.e. 4/11/2014 till the date of actual payment thereof. Appellant has deposited total awarded amount of Rs.5,83,945.00 comprising of the principal awarded amount of Rs.2,90,520.00 and amounting to Rs.2,93,425.00 towards interest @ 12% p.a. from the date of accident i.e. on 4/11/2014 till 3/4/2023 with the office of Commissioner, Employees' Compensation, Durgapur before filing this appeal.

(2.) Sans otiose details, the case of the appellant is that the respondent being the employee of the appellant had filed a compensation case under the Employee's Compensation Act, 1923 (hereinafter referred to as "the Said Act, 1923") to the effect that on 4/11/2014 at around 8.30 a.m. he met with an accident as a result, he sustained severe injures all over his body arising out of and in course of his employment. After the accident, he was removed to ASP Health Organisation but due to seriousness of his injuries, he was referred to DSP Main Hospital, Durgapur wherein he was treated on and from 4/11/2014 to 18/11/2014 as indoor patient. He was further referred to Peerless Hospital, Kolkata for his better treatment, wherein he was further treated as indoor patient till 23/12/2014.

(3.) The appellant/employer contested the case by filing written statement wherein it was admitted that the respondent was an employee of appellant's Alloy steels plant on the date of the accident. However, the appellant denied and disputed all other averments made by the respondent. Appellant had incurred a huge medical expense for his treatment. Apart from that, the appellant had paid wages for entire period of his absence caused due to the accident till his superannuation in the month of January 2015 without any deduction as such he did not suffer any loss of his earning. Accordingly, the appellant is not liable to pay any compensation under the Said Act, 1923.