ISHWAR SINGH Vs. WORKMEN COMPENSATION COMMISSIONER

JUDGEMENT

(1.) The petitioner is employed in Sugar Mill, Prnipat. On 09.03.2004, while course of duty he sustained injuries i.e. breakage of hip joint. The petitioner filed a claim under Workman Compensation Act before the Workman Commissioner, Panipat on 01.06.2007. The counsel for the respondent-Insurance Company as well as of the Sugar Mill appeared and compromised the matter by agreeing to pay sum of Rs. 1,95,880/-. Soon thereafter, however, the respondents made an application before the Commissioner on 19.01.2009 pleading that they had wrongly calculated the amount of compensation as was payable to the petitioner. The Commissioner, thereafter, has reviewed the earlier order and has calculated the amount payable as Rs. 56,587/-. It is noticed that the earlier calculation was done by the mistake and fey applying the relevant factors the amount, which was payable as compensation has, now been reassessed as Rs. 56,587/-. The counsel representing the petitioner did not object to this correction and, accordingly,, the impugned order, Annexure P-3, was passed,

(2.) The petitioner now has challenged this order through the present writ petition to plead mat once the matter had been compromised between the parties by allowing the compensation of sum of Rs. 1,95,880/-, the same was wrongly changed on the ground that the amount of compensation was assessed wrongly by mistake. As per the petitioner, his counsel had agreed for this correction without any instructions from him and he, accordingly, would pray for grant of same amount of compensation to him as was agreed to between the parties initially i.e. Rs. 1,95,880/-.

(3.) In response to notice of motion, written statement has been filed by respondent No. 3. It is not disputed that the respondents had agreed to payment of Rs. 1,95,880/- by way of compromise. It is pointed out that this amount was calculated by taking into account the disability of the petitioner to be 100%. Infact the petitioner had suffered the disability of 20% and the calculation was, accordingly, required to be made on percentage of disability suffered. On this basis, the amount of compensation works out to be Rs. 56,587/- and so it is stated that the Commissioner was justified in carrying out the correction. As per the respondents, it is only a correction of mistake and as such no cause is made out calling for interference in exercise of writ petition.