Surendra Patra Vs. Lakhavir Singh and ors. - Court Judgment

Excerpt:
- labour & services pay scale:[tarun chatterjee & r.m. lodha,jj] fixation - orissa service code (1939), rule 74(b) promotion - government servant, by virtue of rule 74(b), gets higher pay than what he was getting immediately before his promotion - circular dated 19.3.1983 modifying earlier circular dated 18.6.1982 resulting in reduction of pay of employee on promotion held, it is not legal. statutory rules cannot be altered or amended by such executive orders or circulars or instructions nor can they replace statutory rules. p.k. misra, j.1. the present appeal has been filed by the claimant for payment of higher compensation.2. the accident occurred on 31.7.1982. the claimant was proceeding as a helper in the truck bearing registration number o.s.c. 3345. the truck was being driven in a high speed and due to negligence of the truck driver, the truck dashed against another truck and went off the road as a result of which the claimant was thrown out of the truck and sustained injuries. the claimant was treated in the s.c.b. medical college and hospital, cuttack, and his right hand was amputated. misc. case no. 191 of 1982 was filed claiming compensation of rs. 1 lakh.3. by an earlier award dated 18th september, 1987, it was found by the claims tribunal that the accident occurred due to negligent driving of the truck bearing number o.s.c. 3345 and a sum of rs. 25,000/-was awarded. it was directed that the said amount should be paid by the insurance company as the truck had been insured. against the aforesaid award, the present appellant filed misc. appeal no. 11 of 1988 claiming higher compensation. this court by order dated 1.7.1991 remanded the matter to the tribunal to reconsider the question of quantum after giving fresh opportunity to the parties to adduce further evidence. thereafter the claimant produced himself for further examination. the opposite parties did not adduce any further evidence. the claims tribunal on consideration of the materials on record held that the claimant-petitioner was entitled to compensation of rs. 60,000/- with interest at the rate of six per cent per annum from the date of application till realisation. it was further directed that in case payment was delayed by more than three months, the claimant would be entitled to interest at the rate of twelve per cent per annum from the date of claim application. the present appeal has been filed by the claimant making higher compensation. no independent appeal or cross-objection has been filed by the owner or the insurance company.4. thus the only question which requires consideration is relating to quantum.5. it is not disputed that the claimant was a labourer and his right hand has been amputated. keeping in view the nature of injury sustained by the claimant, the period during which he has to be hospitalised and the fact that his hand has been amputated and the claimant has to suffer the inconvenience and remain under a disability throughout his life, the award of rs. 60,000/- as compensation appears to be on the lower side. having regard to the facts and circumstances of the case, i think it just and proper to enhance the compensation amount by a further sum of rs. 30,000/-, that is to say, the claimant is entitled to a sum of rs. 90,000/-. it is directed that the enhanced amount of rs. 30,000/- would be payable within two months. however, if the amount is not paid within two months from today, the enhanced amount shall become payable with twelve per cent interest thereafter.6. the misc. appeal is accordingly allowed. there will be no order as to costs.