High CourtsSingle Bench(2013) 09 RAJ CK 0197

Subhash Bhardwaj vs M/s. Ram Sons Associates Private Ltd. and Others

Rajasthan High Court · Decided on 25 September 2013

HON’BLE JUDGES
Bela M. Trivedi, J
RESULT
Dismissed
CASE NUMBER
Civil Miscellaneous Appeal No. 5713 of 2011

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Judgment

1 paragraphs · 237 words

Bela M. Trivedi, J.—The present appeal has been filed by the appellant-claimant u/s 30 of the Workmen''s Compensation Act (hereinafter referred to as "the said Act") against the order dated 10.07.2002 passed by the Commissioner, Workmen''s Compensation Act, Jaipur City, Jaipur (hereinafter referred to as "the Commissioner") in case No. W.C.C. 29/95, seeking enhancement in the compensation awarded by the Commissioner. The only contention raised by the learned counsel Mr. S.K. Tewari, for the appellant is that at the relevant time, when the accident occurred, the compensation was required to be paid to the injured claimant considering the income at Rs. 1,000/- per month u/s 4 of the said Act, however at the time when the claim petition was decided by the Commissioner, the said amount was increased to Rs. 2,000/- per month and accordingly the Commissioner should have awarded the compensation. The Court does not find any substance in the said submission made by the learned counsel for the appellant, inasmuch in case of permanent disablement, the compensation is required to be awarded as per the provision contained in Section 4 of the said Act, prevailing at the time of accident and not at the time of pronouncement of the order passed by the Commissioner. The learned counsel for the appellant having failed to raise any other question of law, the Court does not find any substance in the present appeal. The appeal is, therefore, dismissed.