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Judgment
Nawab Singh, J.—By way of this appeal, the workman/ appellant has challenged the judgment dated July 31, 2006 passed by
Commissioner under the Workmen''s Compensation Act, 1923, Circle-III, Gurgaon (for short `the Commissioner''), whereby, amount of Rs.
47,294/- as compensation along with interest of Rs. 10,247/- was awarded, on account of sustaining injuries on May 11, 2004, during the course
of employment. While pressing for enhancement in the amount of compensation, the solitary submission of the counsel for the appellant is that the
amount of compensation should have been assessed taking into consideration that the appellant has become physically disabled to the extent of
20% and not 10%, as assessed by the Commissioner. In support of his contention, he has relied upon disability certificate (Exhibit A-3) issued by
the Medical Board.
The submission has substance and is accepted. Perusal of impugned judgment reveals that the appellant has produced on record the disability
certificate (Exhibit A-3), wherein, the Board of Doctors (Medical Board) assessed his disability to the extent of 20%.
In view of above and applying the formula given in Section 4 of the Workmen''s Compensation Act, 1923, the compensation would be (4000 x
197.06 x 60/100 x 20/100) Rs. 94588.80 Paise. For convenience, the figure is rounded off to Rs. 95,000/- , that is Rs. 47706/- (Rs. 95,000 -
47294) over and above the compensation (Rs. 47,294/- ) awarded by the Commissioner.
No other point was urged. For the reasons given hereinbefore, the appeal is accepted partly. The appellant is held entitled to the amount of
compensation of Rs. 95,000/- from the date of sustaining injuries, that is May 11, 2004, and would be entitled to interest at the rate of 12% per
annum thereon with effect from thirty days thereafter, that is June 11, 2004 till the amount of compensation was deposited by the Insurance
Company.