SHIVJEE PRASAD Vs. STEEL AUTHORITY OF INDIA LIMITED

JUDGEMENT

(1.) Heard Mr. Jai Shankar Tripathi, the learned counsel appearing on behalf of the appellant/claimant and Mr. Bibhash Sinha, the learned counsel appearing on behalf of the respondents/Steel Authority of India Limited. This appeal has been preferred against the judgment dtd. 7/9/2015 passed by the learned Presiding Officer cum Commissioner under Workmen Compensation Act in W.C.Case No.02 of 2011 on behalf of the claimant/appellant for enhancement of the awarded mount.

(2.) Mr. Tripathi, the learned counsel appearing for the appellant/ claimant submits that the appellant/claimant is an employee under the Steel Authority of India Limited and posted in the industry of the respondent and on 11/2/2006 while discharging his duties suffered partial permanent disablement to the extent of 40%. He was 37 years of age and having a monthly salary of Rs.12,325.00 and therefore, he had prayed for compensation of Rs.9,47,250.00. He further submits that 40% injury is there in right hand of the claimant/appellant. He submits that the Commissioner under the said Act has awarded a sum to the tune of Rs.1,84,454.00 and out of that, Rs.1,73,797.00 has already been paid by the respondents and accordingly, the difference amount of Rs.10,657.00 was directed to be paid to the appellant/claimant. On this ground, he submits that the learned Tribunal has not considered about the loss of the appellant/claimant as he has received 40% injury in his right hand.

(3.) On the other hand, Mr. Bibhash Sinha, the learned counsel appearing on behalf of the respondents submits that for the period of treatment, the salary has been released in favour of the appellant/ claimant and considering the injury on the same salary the appellant/ claimant was engaged in another department on the same salary. He submits that in that view of the matter, no loss has caused to the appellant/ claimant. He further submits that the differential amount of Rs.10,657.00 has already been paid by the respondents to the appellant/ claimant.