FAO-6883-2018 [123] Satpal Dharma @ Dharm Singh and Coram : Present: PANKAJ JAIN [1] Commissioner Commissioner compensation on account of injury suffered by the claimant held him entitled for the compensation as under: (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-6883 Date of Decision : versus Dharma @ Dharm Singh and others HON’BLE MR. JUSTICE PANKAJ JAIN Mr. Pankaj Mehta, Advocate for the appellant. Mr. Sandeep Berwal, Advocate for respondent Nos.1 & 2. Mr. Sanjiv Kumar Aggarwal, Mr. Ojas Bansal, Advocate for respondent No.3. *** PANKAJ JAIN, J. (ORAL) Challenge is to Order dated 13.04.208 Commissioner, Employee’s Compensation Act, Circle Kaithal Commissioner, while allowing the application filed by the claimant, seeking compensation on account of injury suffered by the claimant held him entitled for the compensation as under:- “ The applicant has stated his age as 34 years. On the medical treatment record exhibit P-1, age of the applicant is also mentioned as 34 years at the time of accident. applicant at the time of accident, being un correct and the same considered for the purpose of calculation. The applicant has stated his salary as Rs.6,750/ applicant could not prove the rate of his wages. Therefore, minimum wages for unskilled category for relevant time i.e. Rs.4,503/ hereby considered as wages of the applicant and the same is IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 6883-2018 (O&M) Date of Decision : 26.05.2025 …Appellant ….Respondents PANKAJ JAIN Advocate Mr. Sanjiv Kumar Aggarwal, Advocate and dated 13.04.208 passed by the , Employee’s Compensation Act, Circle Kaithal. The while allowing the application filed by the claimant, seeking compensation on account of injury suffered by the claimant held him entitled The applicant has stated his age as 34 years. On the medical 1, age of the applicant is also mentioned accident. Therefore, age 34 years of the applicant at the time of accident, being un-rebutted is taken as correct and the same considered for the purpose of calculation. The plicant has stated his salary as Rs.6,750/- per month. The applicant could not prove the rate of his wages. Therefore, minimum wages for unskilled category for relevant time i.e. Rs.4,503/- hereby considered as wages of the applicant and the same is 1 passed by the . The while allowing the application filed by the claimant, seeking compensation on account of injury suffered by the claimant held him entitled The applicant has stated his age as 34 years. On the medical 1, age of the applicant is also mentioned Therefore, age 34 years of the rebutted is taken as correct and the same considered for the purpose of calculation. The per month. The applicant could not prove the rate of his wages. Therefore, minimum wages for unskilled category for relevant time i.e. Rs.4,503/- is hereby considered as wages of the applicant and the same is RAJNEESH SHARMA 2025.07.02 10:47 I attest to the accuracy and integrity of this document FAO-6883-2018 [2] 12% per annum has been awarded for a fixed period of 03 years, which is in (O&M) considered for the purpose of calculation. From the disability certificate as Ex. PW-2/A it is proved that the applicant has sustained the disability to the extent of 30% as permanent. Thus, the loss of earning capacity of the applicant is hereby taken as 30% only. I hold accordingly. On the strength of these facts i.e. age 34 years, and wages Rs.4.503/-and taking into consideration the relevant factor at the age of 34 years of the applicant and taking 60% of admissible wages and considering his permanent disability to the extent of 30% the amount of compensation payable to the applicant comes to Rs.1,61,622/ (199.40 x 4503 x 60% x 30%) which is awarded in favour of the applicant. The applicant could not prove the medical bills by calling the witness in witness box, as such the applicant is not entitled for the reimbursement of medical expenses. I hold accordingly. liability to pay the aforesaid compensation is hereby fastened upon the respondents no.1, 2, 3 jointly or severally. The amount of compensat respondents have not cared about the payment of compensation even after filing of the present claim petition and the respondents have committed default in paying compensation due under the Act, therefore, the applicant is also entitled for the simple interest at the rate of 13% per annum on the amount awarded above Rs.1,61,622/ for a fixed period of three years which comes to Rs.58,184/ same is awarded in favour of the applicant. The, liability to pay interest is hereby fastened upon the respondents no.1, 2, 3 jointly or severally, however, there is no order as to penalty. RELIEF. In view of my findings above, the respondents No.1, 2 & 3 are directed to deposit Rs.2,19,806/ or severally towards amount of compensation and interest in this court within 30 days failing which the respondents shall also be liable to pay the interest on the amount of compensation only from the date of this order till realization of the amount. No costs. ” Counsel for the appellant has pointed out that the interest @ 12% per annum has been awarded for a fixed period of 03 years, which is in sidered for the purpose of calculation. From the disability 2/A it is proved that the applicant has sustained the disability to the extent of 30% as permanent. Thus, the loss of earning capacity of the applicant is hereby taken as 30% On the strength of these facts i.e. age 34 years, and wages and taking into consideration the relevant factor at the age of 34 years of the applicant and taking 60% of admissible wages and sability to the extent of 30% the amount of compensation payable to the applicant comes to Rs.1,61,622/ (199.40 x 4503 x 60% x 30%) which is awarded in favour of the applicant. The applicant could not prove the medical bills by calling ss box, as such the applicant is not entitled for the reimbursement of medical expenses. I hold accordingly. The liability to pay the aforesaid compensation is hereby fastened upon 3 jointly or severally. The amount of compensation was due to the applicant but the respondents have not cared about the payment of compensation even after filing of the present claim petition and the respondents have committed default in paying compensation due under the Act, is also entitled for the simple interest at the rate of 13% per annum on the amount awarded above Rs.1,61,622/ for a fixed period of three years which comes to Rs.58,184/- and the same is awarded in favour of the applicant. The, liability to pay is hereby fastened upon the respondents no.1, 2, 3 jointly or severally, however, there is no order as to penalty. In view of my findings above, the respondents No.1, 2 & 3 are directed to deposit Rs.2,19,806/- (Rs.1,61,622/- Rs.58,184/-) jointly or severally towards amount of compensation and interest in this court within 30 days failing which the respondents shall also be liable to pay the interest on the amount of compensation only from the date of this order till realization of the amount. No order as to Counsel for the appellant has pointed out that the interest @ 12% per annum has been awarded for a fixed period of 03 years, which is in 2 sidered for the purpose of calculation. From the disability 2/A it is proved that the applicant has sustained the disability to the extent of 30% as permanent. Thus, the loss of earning capacity of the applicant is hereby taken as 30% On the strength of these facts i.e. age 34 years, and wages and taking into consideration the relevant factor at the age of 34 years of the applicant and taking 60% of admissible wages and sability to the extent of 30% the amount of compensation payable to the applicant comes to Rs.1,61,622/- (199.40 x 4503 x 60% x 30%) which is awarded in favour of the applicant. The applicant could not prove the medical bills by calling ss box, as such the applicant is not entitled for The liability to pay the aforesaid compensation is hereby fastened upon ion was due to the applicant but the respondents have not cared about the payment of compensation even after filing of the present claim petition and the respondents have committed default in paying compensation due under the Act, is also entitled for the simple interest at the rate of 13% per annum on the amount awarded above Rs.1,61,622/- and the same is awarded in favour of the applicant. The, liability to pay is hereby fastened upon the respondents no.1, 2, 3 jointly or In view of my findings above, the respondents No.1, 2 & 3 are ) jointly or severally towards amount of compensation and interest in this court within 30 days failing which the respondents shall also be liable to pay the interest on the amount of compensation only from order as to Counsel for the appellant has pointed out that the interest @ 12% per annum has been awarded for a fixed period of 03 years, which is in RAJNEESH SHARMA 2025.07.02 10:47 I attest to the accuracy and integrity of this document FAO-6883-2018 teeth of mandate of Section 4(A) of 1923 Act. He further submits that the salary of the inj Since, he was working as a assessed as a semi skilled [3] Commissioner erred in answering th employer- claiming asked as to whether cross-objections, he fairly admits that neither the objection objections Section 4(1A) of 1923 Act rea (O&M) teeth of mandate of Section 4(A) of 1923 Act. He further submits that the salary of the injured has been wrongly assessed as an unskilled e was working as a Bore Well labour as a semi skilled worker. Per contra, counsel for the respondent(s) submits that the Commissioner erred in answering the issue regarding relationship of -employee between the parties in favour of the claimant and further claiming violation of Section 10 of the 1923 Act. asked as to whether the respondent(s) has preferred any cross objections, he fairly admits that neither the has been preferred. In view thereof, this Court finds that the objections raised by the respondent(s) can be entertained. Section 4(1A) of 1923 Act reads as under: “4. Amount of compensation. Act, the amount of compensation shall be as follows, namely: (a) where death results an from the injury : an amount equal to fifty per cent. of the monthly wages of the dec multiplied by the relevant factor; or an amount of *[one lakh and twenty thousand rupees], whichever is more; (b) where permanent total disablement results from the injury : an amount equal to sixty per cent. of the monthly wages of the injured *[employee] multiplied by the relevant factor; *[one lakh and twenty thousand rupees], whichever is more; *[Provided that the Central Government may, by notification in the Official Gazette, from time to time, enhance the amount of compensation mentioned in clauses (a) and (b).] Explanation I.--For the purposes of clause (a) and clause (b), "relevant factor", in relation to a *[employee] means the factor specified in the second column of Schedule IV against the entry in the first column of that Schedule specifying the number of years which are the same as the completed years of the age of the *[employee] on his last birthday immediately preceding the date on teeth of mandate of Section 4(A) of 1923 Act. He further submits that the ured has been wrongly assessed as an unskilled worker ell labour, he ought to have been counsel for the respondent(s) submits that the e issue regarding relationship of between the parties in favour of the claimant and further violation of Section 10 of the 1923 Act. On being specifically respondent(s) has preferred any cross-appeal or objections, he fairly admits that neither the cross-appeal nor any cross In view thereof, this Court finds that the raised by the respondent(s) can be entertained. Section 4 and ds as under:- .- (1) Subject to the provisions of this Act, the amount of compensation shall be as follows, namely:-- where death results an from the injury : an amount equal to fifty per cent. of the monthly wages of the deceased *[employee] multiplied by the relevant factor; or an amount of *[one lakh and twenty thousand rupees], whichever is more; where permanent total disablement results from the injury : an amount equal to sixty per cent. of the monthly wages of the injured *[employee] multiplied by the relevant factor; *[one lakh and twenty thousand rupees], whichever is more; *[Provided that the Central Government may, by notification in the Official Gazette, from time to time, enhance the amount of entioned in clauses (a) and (b).] For the purposes of clause (a) and clause (b), "relevant factor", in relation to a *[employee] means the factor specified in the second column of Schedule IV against the entry in chedule specifying the number of years which are the same as the completed years of the age of the *[employee] on his last birthday immediately preceding the date on 3 teeth of mandate of Section 4(A) of 1923 Act. He further submits that the worker. ought to have been counsel for the respondent(s) submits that the e issue regarding relationship of between the parties in favour of the claimant and further being specifically appeal or appeal nor any cross- In view thereof, this Court finds that the Section 4 and (1) Subject to the provisions of this where death results an from the injury : an amount equal to eased *[employee] multiplied by the relevant factor; or an amount of *[one lakh and where permanent total disablement results from the injury : an amount equal to sixty per cent. of the monthly wages of the injured *[employee] multiplied by the relevant factor; *[one lakh *[Provided that the Central Government may, by notification in the Official Gazette, from time to time, enhance the amount of For the purposes of clause (a) and clause (b), "relevant factor", in relation to a *[employee] means the factor specified in the second column of Schedule IV against the entry in chedule specifying the number of years which are the same as the completed years of the age of the *[employee] on his last birthday immediately preceding the date on RAJNEESH SHARMA 2025.07.02 10:47 I attest to the accuracy and integrity of this document FAO-6883-2018 [4] notifies the wages in the mont (O&M) which the compensation fell due. Explanation II .- Omitted by Act 45 of 2009. (c) where permanent partial disablement result from the injury: (i) in the case of an injury specified in Part II of Schedule I, such percentage of the compensation which would have been payable in the case of permanent total disablement as is specified therein as being the percentage of the loss of earning capacity caused by that injury; and (ii) in the case of an injury not specified in Schedule I, such percentage of the compensation payable in the case of permanent total disablement as is proportionate to the loss of earning capacity (as assessed by the qualified medical practitioner) permanently caused by the injury; Explanation I.--Where more injuries than one are caused by the same accident, the amount of compensation payable under this head shall be aggregated but not so in any case as to exceed the amount which would have been payable if per resulted from the injuries. Explanation II.--In assessing the loss of earning capacity for the purpose of sub-clause (ii), the qualified medical practitioner shall have due regard to the percentages of loss of earning capacity relation to different injuries specified in Schedule I; (d) where temporary disablement, whether total or partial, results from the injury : a half monthly payment of the sum equivalent to twenty-five per cent. of monthly wages of the *[employee], to in accordance with the provisions of sub (1A) Notwithstanding anything contained in sub fixing the amount of compensation payable to a *[employee] is respect of an accident occurred outside India, the Commissioner shall take into account the amount of compensation, if any, awarded to such *[employee] in accordance with the law of the country in which the accident occurred and shall reduce the amount fixed by him by the amount of compensation awarded to the *[employe accordance with the law of that country.]” As per the mandate of Section 4 (1B), Central Gov notifies the wages in the monthly salary that needs to be considered for which the compensation fell due. Omitted by Act 45 of 2009. Omitted by Act 45 of 2009. permanent partial disablement result from the injury: in the case of an injury specified in Part II of Schedule I, such percentage of the compensation which would have been payable in the case of permanent total disablement as is specified therein as being the percentage of the loss of earning capacity caused by that in the case of an injury not specified in Schedule I, such percentage of the compensation payable in the case of permanent total disablement as is proportionate to the loss of earning capacity (as assessed by the qualified medical practitioner) permanently Where more injuries than one are caused by the same accident, the amount of compensation payable under this head shall be aggregated but not so in any case as to exceed the amount which would have been payable if permanent total disablement had In assessing the loss of earning capacity for the clause (ii), the qualified medical practitioner shall have due regard to the percentages of loss of earning capacity relation to different injuries specified in Schedule I; where temporary disablement, whether total or partial, results from the injury : a half monthly payment of the sum equivalent to five per cent. of monthly wages of the *[employee], to be paid in accordance with the provisions of sub-section (2). Notwithstanding anything contained in sub-section (1), while fixing the amount of compensation payable to a *[employee] is respect of an accident occurred outside India, the Commissioner shall take into account the amount of compensation, if any, awarded to such *[employee] in accordance with the law of the country in which the accident occurred and shall reduce the amount fixed by him by the amount of compensation awarded to the *[employee] in accordance with the law of that country.]” the mandate of Section 4 (1B), Central Government ly salary that needs to be considered for 4 permanent partial disablement result from the injury: in the case of an injury specified in Part II of Schedule I, such percentage of the compensation which would have been payable in the case of permanent total disablement as is specified therein as being the percentage of the loss of earning capacity caused by that in the case of an injury not specified in Schedule I, such percentage of the compensation payable in the case of permanent total disablement as is proportionate to the loss of earning capacity (as assessed by the qualified medical practitioner) permanently Where more injuries than one are caused by the same accident, the amount of compensation payable under this head shall be aggregated but not so in any case as to exceed the amount manent total disablement had In assessing the loss of earning capacity for the clause (ii), the qualified medical practitioner shall have due regard to the percentages of loss of earning capacity in where temporary disablement, whether total or partial, results from the injury : a half monthly payment of the sum equivalent to be paid section (1), while fixing the amount of compensation payable to a *[employee] is respect of an accident occurred outside India, the Commissioner shall take into account the amount of compensation, if any, awarded to such *[employee] in accordance with the law of the country in which the accident occurred and shall reduce the amount fixed by e] in rnment ly salary that needs to be considered for RAJNEESH SHARMA 2025.07.02 10:47 I attest to the accuracy and integrity of this document FAO-6883-2018 awarding compensation under 1923 Act. Central Government vide notification dated 31.05.2010, which is relevant in view the date of accident i.e. wages for the purpose o is modified [5] be awarded for the period commencing from the date days after the accident. also shall commence from 04.07.2011 till the actual realization aforesaid modification [6] disposed off 26.05.2025 ‘R. Sharma' (O&M) awarding compensation under 1923 Act. Central Government vide tion dated 31.05.2010, which is relevant w the date of accident i.e. 04.06.2011 for the purpose of Section 4(1A) of 1923 Act. Resultantly, the award is modified accordingly. The compensation payable shall read as under: 199.60 x 8000 x 60% x 30% In terms of mandate of Section 4(A), the interest payable has to be awarded for the period commencing from the date days after the accident. Resultantly, the period o also shall commence from 04.07.2011 till the actual realization aforesaid modification, the present appeal stands All pending miscellaneous application(s), if any, stands sposed off. .05.2025 Whether speaking/ reasoned Whether reportable awarding compensation under 1923 Act. Central Government vide tion dated 31.05.2010, which is relevant for the present case, keeping 04.06.2011, notified Rs.8000/- as monthly ) of 1923 Act. Resultantly, the award pensation payable shall read as under:- = 2,87,424/- In terms of mandate of Section 4(A), the interest payable has to be awarded for the period commencing from the date it became due i.e. 30 Resultantly, the period of which interest is payable also shall commence from 04.07.2011 till the actual realization. With the , the present appeal stands disposed off. All pending miscellaneous application(s), if any, stands (PANKAJ JAIN) JUDGE : Yes/No : Yes/No 5 awarding compensation under 1923 Act. Central Government vide keeping as monthly ) of 1923 Act. Resultantly, the award In terms of mandate of Section 4(A), the interest payable has to became due i.e. 30 which interest is payable ith the All pending miscellaneous application(s), if any, stands RAJNEESH SHARMA 2025.07.02 10:47 I attest to the accuracy and integrity of this document