GENERAL MANAGER N F RAILWAY, MALIGAON, GOWAHATI (ASSAM) Vs. DIVISIONAL RAILWAY MANAGER, N F RAILWAY, KATIHAR

JUDGEMENT

(1.) Ref: I.A. no. 2668 of 2016

(2.) This miscellaneous appeal has been preferred against the order and award dated 08.07.2015 passed by P.O. Labour Court, Purnea in W.C. Case no. 01 of 2014 whereby the learned labour court allowing the claim petition filed by the applicant, directed the opposite party to pay compensation to the tune of Rs. 8,16,083/- along with interest @ 5% per annum from the date of accident till the date of payment to the applicant.

(3.) Factual matrix of the case is that W.C. Case no. 01 of 2014 was filed by the applicant-respondent Moti Lal Karan under W.C. Act-1923 for awarding compensation to the tune of Rs. 3,00,000/- on account of permanent disablement sustained by him during discharge of his duty with the case in succinct that the applicant was employed as points man under S.M.G. Katihar having gross salary of Rs. 10,009/-. On 30.05.2007, while he was connecting rail engine with bogies, his left thumb was badly injured. He was brought to the Railway Hospital, Katihar to accord him medical aid, where he remained under treatment from 30.05.2007 to 20.07.2007 and due to said accident, the applicant became completely unfit to discharge his duty as points man. The Medical Board has found the loss of earning capacity of the applicant to the extent of 65% due to said physical incapacity. The applicant was placed as a dresser in the Medical Department in the same payscale. He had lodged a claim before D.R.M(P) Katihar, who repudiated his claim. Hence, he filed the aforesaid case. It has further been submitted that due to aforesaid accident, the applicant has suffered great physical, financial and mental loss.