BALBIR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS is an appeal under Section 30, Workmen's Compensation Act, 1923, by Balbir Singh, the claimant in the case, against the order of Commissioner under Workmen's Compensation Act dated 7.5.1990. The appellant has challenged the order on the ground that the compensation has not been assessed accurately and in accordance with the legal provisions applicable to the facts of the case.

(2.) THE matter arises in the following circumstances:

(3.) AFTER enquiring into the matter, the Commissioner assessed the amount of compensation by applying provisions of Section 4 (1) (b) of the Workmen's Compensation Act and on this basis awarded a sum of Rs. 39,386/- (compensation Rs. 36,328.50 and interest at the rate of 6 per cent with effect from 5.11.1988 to 31.3.1990 as Rs. 3,057/-). It is this order of the Commissioner which is under challenge in this appeal. Mr. B.R. Verma, counsel for the claimant, submitted that by application of Section 4 (2) (ii) read with Schedule IV to the Act the compensation payable has to be Rs. 48,438/- since this is a case of 100 per cent disablement as per Schedule I, item No. 2 to the Act. (225 X 215.28 = Rs. 48,438/-). Mr. B.R. Verma, learned counsel for the claimant, urges that total disablement has to be read with Schedule I to the Act.