Case Law Details
Chandramma Vs Manager (Supreme Court of India)
Conclusion: The Hon’ble Supreme Court have considered disability as permanent and have enhanced compensation under Employees Compensation Act, 1923 as the disability report showed that there is Permanent Partial Disability of about 58% of the limb, which corresponds with 26% whole body. There is no dispute that the appellant suffered from disablement of permanent nature. The disablement has incapacitated the appellant from doing the work which she was capable of doing.
Facts: In present facts, the appeal is directed against the final order dated 07.08.2018 passed by the High Court of Karnataka, Kalaburgi Bench filed by the Appellant praying to call for the records and set aside the judgment and award dated 02.06.2017 passed by Additional Senior Civil Judge and Commissioner for Employees Compensation at Bidar (hereinafter referred to as “Commissioner”) in E.C.A No. 12/2016. The High Court partly allowed the appeal of the Appellant and assessed the income as Rs.8000/- per month and accordingly computed the compensation at Rs. 2,19,512/-.
The Appellant was engaged in the construction of government hospital at Bidar, Karnataka. Respondent No. 1 was the contractor and undertook the construction of upgradation of the hospital building. On 22.07.2015, Appellant along with other laborers were attending the work of shifting the cement from ground floor to the second floor, the centering plate collapsed on the head of the appellant who fell down from second floor to the ground floor.
The appellant filed compensation application being E.C.A No. 12/2016 under Section 10 of Employees Compensation Act, 1923 (hereinafter referred to as “1923 Act”) before the Commissioner seeking compensation of Rs. 20 Lakhs along with interest at 18% per annum from the date of accident. Vide judgment and award dated 02.06.2017, the Commissioner held that the Appellant has not proved that she was paid Rs. 600 per day as cooli and accordingly computed notional income at Rs.6000/- per month. Further, it was held that the disability to the whole body is at 20% and as such assessed the compensation at Rs.1,32,600/-. Accordingly, the Appellant was held to be entitled for Rs.1,75,000/- as compensation. Being aggrieved, the Appellant filed an Appeal under Section 30(1) of the 1923 Act before the High Court praying to call for the records and set aside the judgment and award dated 02.06.2017. Vide final order dated 07.08.2018, the High Court partly allowed the appeal.
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