ASSISTANT DEPOT SUPERINTENDENT Vs. SADHU CHARAN BEHERA

JUDGEMENT

(1.) Whether a workman, who received injuries in an accident arising out of and during the course of his employment but is retained in service and paid the same salary as he was drawing prior to the accident, is entitled to compensation and whether, in the absence of assessment of loss of earning capacity by a qualified medical practitioner, the Commissioner can determine the loss of earning capacity and award compensation are the moot questions which arise for consideration in this appeal.

(2.) BRIEF facts giving rise to this appeal are that on 27.7.1985 the claimant (respondent herein) who was a workman in the employment of the appellants sustained injuries during the course of his employment. The circumstances under which he was injured need not be narrated since the accident is not disputed by the employer (appellants herein). The employer denied its liability on the ground that as the claimant continues in its employment and is drawing the same salary which he was getting before the accident, he has not suffered any loss of earning capacity. It is pleaded that during the period of treatment, the claimant was paid a sum of Rs. 5,542.55 towards medical expenses He resumed his duties after the doctoi certified him to be fit. Under these circumstances, liability is denied.

(3.) ON a consideration of the material on record the Commissioner came to the conclusion that the claimant has suffered permanent disability to the extent of fifty per cent whereby his earning capacity has been reduced to that extent and accordingly, on that basis, compensation was determined and a sum of Rs. 39,504.46 was awarded to the claimant. Hence this appeal by the employer which involves the questions posed above.