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Judgment
The Commissioner, Employees’ Compensation has awarded compensation of Rs.10,55,760/- which is under challenge in these appeals. 2. On
31st May, 2014, the claimant, Chotey Lal was working for the installation of the lift at the construction site when the lift fell on his body and he
suffered grievous injuries and was taken to Indian Spinal Injuries Centre, Vasant Kunj. The employer intimated the accident to the Commissioner,
Employees’ Compensation. The injuries suffered by the claimant resulted in 100% disability relating to both the lower limbs. The case summary
of the claimant prepared by Indian Spinal Injuries Centre is reproduced hereunder:-
“Mr. CHOTTE LAL aged 20 Yrs/male was admitted in this hospital on 31/5/2014 and readmitted on 12/06/2014 Vide IPD no. 14/24825 with c/o
pain in the back and pain in left side of chest since 30/5/2014. He was evaluated by the team of spine surgeons and was diagnosed as case of
Fracture dislocation D11-D12 with paraplegia with bladder and bowel involvement with AIS-A with chest injury left side (left 9 th rib fracture with
lung contusion). General surgeons reference given for abdomen and chest injury and was advised for NCCT chest and NCCT abdomen. NCCT chest
was done which showed segmental collapse left side with mild effusion. NCCT abdomen was done which shows no significant abnormality and hence
managed conservatively. Patient’s enzymes were raised, abdominal decompression with nasogastric tube done and managed conservatively.
Patient was given inj. Solumedrol according to NASCIS protocol. Physician reference was given for high blood sugars and managed accordingly.
Patient was advised for surgery. After PAC clearance, informed written consent and physician clearance he was taken upto OT on 2/6/2014 wherein
pedicular screw fixation with bone grafting (D10-L1) was done, pedicle screw put in D10 (6.5x45), D12 (6.5x50), L1 (6.5x50), reduction screws put in
D11 bilateral (5.5x40) (Implant â€" GSM 8 screws crosslink). He was shifted to ICU post operatively. On 3/6/2014 bronchoscopy was done for left
lung collapse. Drain removal was done on second post operative day. He was shifted to HDU. He was mobilized with APTLSO brace. Bowel
training was started Physician reference was given who advised to send blood profile for hepatitis. He was shifted back to the ward. Bladder training
was started. He was started on CIC fourth hourly. He was readmitted on free bed on 12/6/2014. Extensive physiotherapy and rehabilitation was
started. Psychologist reference was given. Urology reference was given and advised to continue CIC fourth hourly. HBsAg report showed positive
and anti IBc showed positive, HBcAg showed negative report and IgM anti HBc showed negative report which is likely carrier of hepatitis B.
Physician advised to Gastroenterology consultation for the same. Gastroenterologist reference was given for ? malena and chronic hepatitis B and
advised for HBV DNA (Quantitative) and advised for antiviral treatment and UGI endoscopy. HBV DNA was 861 unit / ml. Physician advised to
repeat LFT / Sr. HBV â€" DNA level (quantitative) after 6 months. 6 weeks prophylaxis treatment of DVT was completed. Vocational counselling
was done. Wheelchair assessment skills were taught to the patient. Home modification explained to the patient.
Presently he is undergoing comprehensive rehabilitation programme in this hospital and he is not able to walk.â€Â
The Commissioner, Employees’ Compensation held that the claimant suffered injuries during the course of the employment. The Commissioner,
Employees’ Compensation awarded Rs.10,55,760/- to the claimant. The Commissioner, Employees’ Compensation also awarded medical
expenses of Rs.5,01,954/- incurred by the employer and directed the Insurance Company to reimburse the medical expenses to the employer.
Learned counsel for appellant in FAO 409/2015 urged at the time of hearing that the medical expenditure of Rs.5,01,954/- is on a higher side. It is
submitted that as per its investigation report, medical expenses of Rs.4,02,155/- has been incurred by the claimant.Â
Learned counsel for appellant in FAO 83/2018 submits that the appellant has incurred further expenditure of Rs.3,14,123/- over and above the
medical expenses awarded by the Commissioner, Employees’ Compensation. It is further submitted that the treatment is still continuing and
further expenditure is being incurred.Â
This Court is of the view that the claimant, Chotey Lal suffered an accident during the course of his employment and there is no infirmity in the
compensation of Rs.10,55,760/- along with interest thereon @ 12% per annum awarded by the Claims Tribunal. The medical expenses of
Rs.5,01,954/- incurred by respondent No.2 in FAO 409/2015 on the treatment of the claimant and direction to the Insurance Company to reimburse is
up held.Â
This Court is of the view that the claimant, Chotey Lal is entitled to further medical expenses incurred by him. The treatment of Chotey Lal is still
continuing on which Rs.3,14,000/- has already been incurred. Since the treatment is continuing, it would be appropriate to remand this matter back
to the Commissioner, Employees’ Compensation to determine and award up to date medical expenses to the claimant.Â
In the facts and circumstances of this case, the award of the Commissioner, Employees’ Compensation is up held. However, the issue of
medical expenses incurred by the claimant on the treatment after the passing of the award, is remanded back to the Commissioner, Employees’
Compensation. The claimant is permitted to produce the medical expenses incurred on his treatment before the Commissioner, Employees’
Compensation whereupon the Commissioner, Employees’ Compensation shall award up to date medical expenses to the claimant.
Learned counsel for respondent No.2 in FAO 409/2015 submits that employer is entitled to the reimbursement of medical expenses of Rs.5,01,954/-
from the Insurance Company.Â
Since the entire amount deposited by the Insurance Company has been disbursed to the claimant, the Commissioner, Employees’
Compensation shall pass a final order with respect to the adjustment of the amount released to the claimant.Â
Both the appeals are disposed of in the above terms.Â
The parties shall appear before the Commissioner, Employees’ Compensation on 16th August, 2018.
The record of the Commissioner, Employees’ Compensation be returned back forthwith.
Copy of this judgment be given dasti to counsels for the parties under signature of Court Master.