NEW INDIA ASSURANCE COMPANY LTD Vs. DHARAM CHAND

JUDGEMENT

(1.) UNDER the erstwhile Workmen's Compensation Act, the Commissioner at Chandigarh awarded a sum of Rs.1,00,219.50P as compensation to respondent No.1 herein for an injury received by him during the course of employment. The Insurance Company came up in an appeal on the ground that the amount was on the higher side.

(2.) COUNSEL for the appellant argued that when the injured appeared in the witness box, he said that he was under the employment of respondents No.2 and 3 at a monthly salary of Rs.1000/ - per month as Conductor. In the FIR, however, the salary was given as Rs.500/ - per month. The accident took place on 27.5.1998. The claimant had also mentioned that the expenditure on his treatment came to Rs.30,000/ - which was not possible as he was treated for fracture and in 1988 he could not have spent that much amount.

(3.) COUNSEL for the contesting respondent i.e. the claimant, argued that the amount of Rs.30,000/ - as such was not awarded by the Commissioner only medical expenses nor anything separately was assessed on the basis of income. A consolidated sum was awarded without showing the bifurcation.