SARAT CHATTERJEE AND CO Vs. MD KHALIL

JUDGEMENT

(1.) THIS is an appeal from the award of the Commissioner of Workmen's Compensation west Bengal, holding that the workman had sustained loss of earning capacity to the extent of 6%. The accident happened on July 29, 1970 and both of his legs and feet were injured on account of the fall of rolls of carpet on him while on duty. The employer appellant's case was that the workman was temporarily disabled for which he was: duly paid and no permanent partial disability was suffered so that there was no loss of earning capacity.

(2.) DURING trial the workman stated that he was treated for one month for the injury and still felt pain on both legs and right foot. He claimed that he was receiving of Rs. 300/- p. m. and admitted that he was still receiving the same rate under the appellant. His doctor found swelling and tenderness of the particular margins of the cuneiforms and basses of 1st, 2nd and 3rd metatarsals of right foot with stiff and painful joints and pain and pressure on each foot. He also found swelling and tenderness of the skin and the particular margins of the lower and right tibia with stiff and painful ankle joints as also of the particular margins of the condoles of left tibia with stiff and painful ankle joints. He further found indurations and tenderness of the left calf with stiffness of left knee joint and also noted that the gait was limping, while squatting was difficult, painful and. incomplete. He assessed the disability at 15%. The doctor of the employer on the other hand found that there was no mark of injury on both legs nor any disability of soft or bony tissue in both legs and feet. According to his opinion the workman did not suffer from any disability.

(3.) THE learned Commissioner found that the workman was in the wage group of Rs. 200- -Rs. 300/ -. He considered the conflicting medical reports,28 which are unfortunately an usual feature in such proceedings, and also considered Ext. B which is the accident report of the Calcutta Dock Labour board. It recorded that the workman got hurt on both legs by rolls of carpet while working. He also examined the injured legs and feet and considering the evidence, he held that the workman sustained loss of earning capacity to the extent of 6% and the award was made accordingly.