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2026 DAILYLAW 23362 (HP)

STATE OF HP v. MAAN DASSI

FAO/113/2016 · 2026-09-17

Virender Singh

body2026

Judgment text

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1 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA FAO No. 113 of 2016 Decided on: 17.9.2026 State of H.P. & ors. … Petitioner Versus Smt. Maan Dassi …Respondent _____________________________ ______________ Coram Hon’ble Mr. Justice Virender Singh, Judge Whether approved for reporting? ___________________________________________________ For the Appellants: Mr. H.S. Rawat, Addl. A.G. For the Respondent : Mr. Sanjay Jaswal, Advocate. Virender Singh, Judge (oral) The present appeal has been filed by the appellants-State of H.P. & others, under Section 30 of the Employees Compensation Act, against the award dated 19.3.2015, passed by the learned Commissioner, under Employees Compensation Act (Civil Judge, Junior Division), Jogindernagar, District Mandi, H.P. (hereinafter referred to as, ‘the Commissioner’), in petition No. RBT/WCA/JNR No. 30-II/2008, titled as, 2 ‘Maan Dassi versus Assistant Engineer, Public Works Department, Padhar’. 2. Vide award dated 19.3.2015, the learned Commissioner has awarded a sum of Rs. 3,42,432/- alongwith interest @ 12% per annum, from 4.5.2008, i.e. after 30 days of the date of accident, till realization of the amount, in favour of the claimant. 3. In this case, as per document Exhibit PW1/A, disability is 40%. In Schedule 1, Part 2 of the Workmen Compensation Act, 40% loss of earning capacity has been provided for loss of one eye. As such, the award passed by the learned Commissioner is liable to be modified by holding that the loss of earning capacity, which has been taken as Rs. 2400/-, is required to be taken as 1600/- per month. Thus, the amount of ₹ compensation comes to 142.68 × 1600/- = 2,28,288 ₹ ₹ along with interest, as awarded by the Commissioner 4. With these observations, the present appeal is disposed of and the impugned award, passed by the learned Commissioner, is modified to the extent aforesaid. 3 5. The pending application(s), if any, are also disposed of. (Virender Singh) 17.9.2026 Judge Kalpana