ISHWAR SINGH Vs. WORKMAN COMPENSATION COMMISSIONER,PANIPAT

JUDGEMENT

(1.) THE petitioner is employed in Sugar Mill, Panipat. 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 by 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 that 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.) NO doubt, the method of calculating compensation provided under the Act may have to be adopted while agreeing to pay a sum of Rs. 1,95,880/ -. This was a sum agreed for payment upon which the petitioner did not press his claim. If the matter had not been compromised, the petitioner could have certainly disputed the amount payable which is to be calculated on the basis of his income. There is no indication in the order that the amount was calculated as per any formula. The petitioner would not have agreed to compromise the matter if the offer was only payment of Rs. 56,587/ -.