Sunil Kumar vs Bhagwat and Others

J.R. Midha, J.

CM No. 5200/2009

For the reasons stated in the application, the delay in filing of this appeal is condoned.

CM stands disposed of.

MAC. APP. 192/2009 and CM No. 5199/2009

Issue notice to respondent No. 3 only.

Mr. Kanwal Choudhary, Advocate accepts notice on behalf of respondent No. 3.

With the consent of the parties, the case is finally heard at admission stage.

The accident dated 20th April, 2006 resulted in 40% permanent disability to the appellant who filed the claim petition before the learned Tribunal. However, the permanent disability certificate was not issued to the appellant during the pendency of the petition before the learned Tribunal. The learned Tribunal passed an award dated 23rd August, 2008 awarding loss of income for one year taking the temporary disability of the appellant to be 45%. After the passing of the award by the learned Tribunal, the appellant was able to obtain the permanent disability certificate dated 18th December, 2008 in which his disability has been assessed at 40%. Photocopy of the disability certificate has been filed as annexure ''A'' with the appeal.

The appellants seeks permission to lead additional evidence to prove the disability certificate on the ground that the certificate could not be issued despite his best efforts and the same was issued only after passing of the award. The learned Counsel further submits that the disability certificate is relevant and material for determining the compensation as the appellant is entitled to compensation computed on the basis of multiplier.

Considering the facts and circumstances of this case, the application for permission to lead additional evidence is allowed. The appellant is permitted to lead additional evidence before the learned Tribunal.

The appeal is allowed. The award of the learned Tribunal is set aside only to the limited extent in so far as the compensation for permanent disability and loss of income due to permanent disability have not been awarded to the appellant. The learned Tribunal is directed to record the additional evidence of the parties and shall thereafter pass an award on the aforesaid issue.

The parties are directed to appear before the learned Tribunal on 5th May, 2009 for recording of the additional evidence.

The appeal as well as application stand disposed of.

No costs.

Copy of this order be given ''Dasti'' to learned Counsel for the parties under signatures of Court Master.