PAWAN KUMAR SHARMA Vs. HARPAL SINGH

JUDGEMENT

(1.) THIS appeal has been filed against the order dated April 25, 2005, vide which Commissioner, under the Workmen's Compensation Act, 1923, (in short the Act) has granted compensation to the respondent to the tune of Rs. 1,14,880/-. By placing reliance upon document Ex. A1 and other evidence on record, it has been found by the Court below that there existed relationship of master and servant amongst the parties. To deny claim of the respondent, appellant has placed reliance upon this very document, wherein it has been stated that Rs. 13,000/- have been paid towards settlement of the dispute. The said contention has been negatived by the Court below by stating that in the said document, there is no mention that the payment was towards full and final settlement and further that the settlement being contrary to the provisions of Workmen's Compensation Act, 1923, was not to be relied upon. THIS Court feels that the finding given is perfectly justified. As per law, respondent workman was entitled to claim much more compensation than the one, which the appellant says was paid by him. Special enactment has been made to protect the rights of the workman and his rights cannot be taken away by any agreement contrary to the provisions of the Act, may be that at the time of occurrence,under financial constrant or ignorance of his rights, the respondent had accepted the said meagre amount, the same cannot be taken against him. Disability has been assessed at 20% and in view of that, this Court feels that the amount awarded is perfectly justified. Amount earlier paid by the appellant has been ordered to be deducted from the said compensation. No case is made out for interference. Dismissed.