Katar Singh Vs. Regional Director (Esic) - Court Judgment

SooperKanoon Citationsooperkanoon.com/697390
SubjectInsurance;Motor Vehicles
CourtDelhi High Court
Decided OnMar-03-1987
Judge S.B. Wad, J.
Reported inI(1987)ACC508
AppellantKatar Singh
RespondentRegional Director (Esic)
Excerpt:
- - his submission is that the tribunal has in fact recommended 100% compensation and benefit to katar singh.s.b. wad, j.1. this is an appeal arising out of an appellate order of the employees insurance court dated 12-9-1985. the appeal arose out of the decision of the medical board in regard to the alleged disablement of katar singh. katar singh, who was working in birla cotton spinning and weaving mills, delhi, suffered fracture of third lumbar vertebra on account of the fall of an electric motor on him. the medical board under section 54-a assessed his disablement at 10%. he preferred an appeal to the medical appellate tribunal and the tribunal raised the disablement to 50%. the appellate tribunal held that the injury suffered by katar singh on various parts of his body have rendered him substantially incapacitated. the tribunal further held that katar singh was just a crippled person and he deserved maximum compensation and benefit permissible to him under the rules.2. the counsel for the appellant submits that although the tribunal has held that the disablement benefits should be only 50%, the tribunal has also opined that katar singh deserves maximum compensation and benefit permissible to him under the rules. his submission is that the tribunal has in fact recommended 100% compensation and benefit to katar singh. the rate of compensation is provided in schedule ii of the employees' state insurance act, 1948. part i of the said schedule lists the injuries deemed to result in permanent total disablement where percentage of loss of earning capacity is computed at 100%. the nearest category which comes under part i to the present injury is, 'double amputation through leg or thigh, or amputation through leg or thigh on one side and loss of other foot.' admittedly, the present case is not a case which can fall in this category. in part ii of schedule in case of amputation of both feet resulting in end-bearing stumps loss of earning capacity is computed at 90%. katar singh was performing the duties of oiling the machines and was naturally required to move from one place to another and also to climb the machines for oiling them. the appellate tribunal has held that katar singh was a crippled person. naturally, he would not be able to perform the original duties of oiling the machines. this disablement is in substance similar to amputation of both feet resulting in end-bearing stumps, because in case of such an injury also the victim would be substantially incapacitated from performing the assigned duties. i, thereforee, assess the loss of earning capacity of katar singh at 90%. the appellate tribunal was not quite right in assessing the loss of earning capacity to only 50% when it had itself stated that katar singh was substantially incapacitated and deserved maximum compensation and benefits permissible to him under the rules. the impugned order of the employees insurance court, to the extent that it upholds the order of the appellate tribunal, is also erroneous. the orders of the medical board, the medical appellate tribunal and the employee insurance court are, thereforee, set aside.3. katar singh had afterwards died and the appeal is being prosecuted by his legal heirs. they are entitled to the payment of the e.s.i. benefits on the basis of 90% loss of earning capacity from 22-11-1980 to 11-11-1982. they shall also be entitled to costs. the claimants have already been paid @ rs. 6/- per day. the additional amount that will be worked out on the basis of my order shall be paid to the claimants within three months from today. counsel's fee is assessed at rs. 750/-.
Judgment:

S.B. Wad, J.

1. This is an appeal arising out of an appellate order of the Employees Insurance Court dated 12-9-1985. The appeal arose out of the decision of the Medical Board in regard to the alleged disablement of Katar Singh. Katar Singh, who was working in Birla Cotton Spinning and Weaving Mills, Delhi, suffered fracture of third lumbar vertebra on account of the fall of an electric motor on him. The Medical Board under Section 54-A assessed his disablement at 10%. He preferred an appeal to the Medical Appellate Tribunal and the Tribunal raised the disablement to 50%. The Appellate Tribunal held that the injury suffered by Katar Singh on various parts of his body have rendered him substantially incapacitated. The Tribunal further held that Katar Singh was just a crippled person and he deserved maximum compensation and benefit permissible to him under the rules.

2. The counsel for the appellant submits that although the Tribunal has held that the disablement benefits should be only 50%, the Tribunal has also opined that Katar Singh deserves maximum compensation and benefit permissible to him under the rules. His submission is that the Tribunal has in fact recommended 100% compensation and benefit to Katar Singh. The rate of compensation is provided in Schedule II of the Employees' State Insurance Act, 1948. Part I of the said Schedule lists the injuries deemed to result in permanent total disablement where percentage of loss of earning capacity is computed at 100%. The nearest category which comes under Part I to the present injury is, 'double amputation through leg or thigh, or amputation through leg or thigh on one side and loss of other foot.' Admittedly, the present case is not a case which can fall in this category. In Part II of Schedule in case of amputation of both feet resulting in end-bearing stumps loss of earning capacity is computed at 90%. Katar Singh was performing the duties of oiling the machines and was naturally required to move from one place to another and also to climb the machines for oiling them. The Appellate Tribunal has held that Katar Singh was a crippled person. Naturally, he would not be able to perform the original duties of oiling the machines. This disablement is in substance similar to amputation of both feet resulting in end-bearing stumps, because in case of such an injury also the victim would be substantially incapacitated from performing the assigned duties. I, thereforee, assess the loss of earning capacity of Katar Singh at 90%. The appellate tribunal was not quite right in assessing the loss of earning capacity to only 50% when it had itself stated that Katar Singh was substantially incapacitated and deserved maximum compensation and benefits permissible to him under the rules. The impugned order of the Employees Insurance Court, to the extent that it upholds the order of the Appellate Tribunal, is also erroneous. The orders of the Medical Board, the Medical Appellate Tribunal and the Employee Insurance Court are, thereforee, set aside.

3. Katar Singh had afterwards died and the appeal is being prosecuted by his legal heirs. They are entitled to the payment of the E.S.I. benefits on the basis of 90% loss of earning capacity from 22-11-1980 to 11-11-1982. They shall also be entitled to costs. The claimants have already been paid @ Rs. 6/- per day. The additional amount that will be worked out on the basis of my order shall be paid to the claimants within three months from today. Counsel's fee is assessed at Rs. 750/-.