Haryana Agro Industries Corporation Ltd. vs Ish Kumar

Gokal Chand Mital, J.—Ish Kumar was an employee of Haryana Agro Industries Corporation Ltd. at Nilokheri. While working at the welding plant on 23.9.1975, due to bursting of gas cylinder, his eyes sustained injuries. From the left eye, he became totally blind as his vision was reduced to 20% Visual Acquinty being 6/60 According to the doctor of the claimant, the visual efficiency of the right eye was reduced to 68%, the Visual Acquinty being 6/18. Regarding left eye, the opinion of the doctors of both the sides was the same, but regarding the right eye, the opinion of the doctor of the employer was that it was 6/6. When he was not being paid compensation for damage of the eyes, he filed an application before the Commissioner, Workmen''s Compensation. The matter was considered in the presence of both the sides and after giving opportunity to them, by order dated 16. 4. 1979, for loss of left eye, the compensation was awarded under Schedule I, Part II, item No. 26, at the rate of 30% which came to Rs. 8,820/-. Interest at the rate of 6% per annum was allowed and penalty at the rate of 20% was allowed besides costs of the proceedings. The employer was directed to pay the total sum of Rs. 13.436.35 within 30 days of the pronouncement of the order. The employer came in appeal to this Court and on the stay application it was ordered that half of the amount be deposited in some nationalised bank in fixed deposit and the other half be paid to the workman.

After considering the matter, I am of the opinion that there is no merit in this appeal. The accident is not disputed. The employment of the claimant is not disputed. The injury to the left eye is not disputed. According to the opinion of both the doctors, the left eye-sight is 6/60 and according to them there is permanent disability to the extent of 80%. Ignoring for the time being the injury and permanent or partial disability to the right eye it has to be seen whether the award of the Court below is legal or not.

Schedule I, Part I, of the Workmen''s Compensation Act, 1923, gives a description of injuries deemed to result in permanent total disablement. Under item No. 4, loss of sight is considered 100% permanent loss of earning capacity which means loss of both eyes. Part II of this Schedule relates to the injuries which result in permanent partial disablement. Under item No. 25 of this part, for loss of one eye, the percentage of loss of earning capacity is considered 40% and under item No. 26, loss of vision of one eye, it is 30%. The doctor of the claimant clearly opined that the vision of the left eye had been completely lost; whereas the opinion of the employers doctor was that even with one eye, the claimant can do the job of welder. The point for consideration is not whether with one eye the claimant can do the job or not, but the point is that for the loss of one eye, what amount of compensation is payable to him. As is clear from item No. 26, the loss is 30% in his earning capacity for which he has to be compensated.

The compensation is mentioned in Schedule IV. The income of the claimant was Rs. 450/- per month and to a person like the claimant, for permanent partial disablement due to loss of vision of one eye he has to be compensated. According to the percentage of loss on the amount indicated against the income between Ps. 400/-and Rs. 500/-, under the category of permanent total disablement, in Schedule IV compensation of Rs. 14,000/- would have been payable, i.e., in case the claimant had lost both the eyes. (See the schedule as it stood before amendment which came into force on 1-10-975). But for permanent partial disablement, i.e. for loss of vision of one eye he has to be paid at the rate of 30% of the aforesaid amount, which comes to Rs. 4200/-. The commissioner erred in taking notice of the amendment made in 1976 which was made operative with effect from 1-10-1975. In this case accident took place in September, 1975.

Accordingly, I award Rs. 4200/- to the workman for the loss of vision of one eye. He would also be entitled to penalty at the rate of 20 per cent on the aforesaid amount which comes to Rs. 840/-. He is also awarded interest on the amount of Rs. 4 200/- at the rate of 6 per cent per annum from the date of filing of the claim application till the date of deposit. The claimant would also be entitled to costs of the proceedings before the Commissioner and this Court, which are assessed at Rs. 1500/-.

While admitting the appeal it was ordered that half of the deposited amount be paid to the workman. If that fully satisfies his claim under this order, the balance half which was ordered to be deposited in a bank, would be refunded to the appellant but in case some more amount is payable to the workman, after meeting that claim the balance would be paid to the appellant.

The appeal is disposed of with the aforesaid order and directions.