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Civil · Reportable judgment

Suresh Paswan vs M/s. Kla Construction Technologies Pvt. Ltd. & Ors.

Court
Supreme Court of India
Date
16 September 2022
Case No.
Civil Appeal No. 6523 of 2022
Result
Partly allowed
Bench
M.R. Shah, Krishna Murari
Citation
[2022] 7 S.C.R. 218 : 2022 INSC 973
Supreme Court Reports [2022] 7 S.C.R. 218 : 2022 INSC 973
Headnote

Compensation – Appellant-employee fell down from the roof of the first floor and suffered grievous injuries while working at the construction site under the respondent-employer – Commissioner, Employees’ Compensation awarded Rs.3,74,364/- towards compensation – Order set aside by High Court – On appeal, held : Disability Certificate was issued by the doctor in 2009 and the Medical Board constituted pursuant to the order passed by the High Court examined the injured employee after a period of approximately nine years from the date of accident – Appellant did suffer the injuries due to fall and at the relevant time, it affected his 60% earning capacity – Pursuant to the earlier order passed by the High Court, out of total sum of Rs. 7,52,471/- deposited by the respondent, the appellant has already withdrawn 50% of the amount, i.e., Rs. 3,76,236/- – This shall be treated as full and final settlement of his claim towards compensation with interest for the disability suffered – Order passed by the High Court set aside. Partly allowing the appeal, the Court

HELD: It is true that the Medical Board in its report dated 09.11.2017 has opined that the appellant has not suffered any permanent disability. However, at the same time, the disability certificate issued was of the year 2009 and the Medical Board constituted pursuant to the order passed by the High Court examined the injured employee after a period of approximately nine years from the date of accident. Considering the fact that the appellant did suffer the injuries due to fall and at the relevant time, it affected his 60% earning capacity, it may not be that nothing was to be awarded to the appellant – injured employee by way of compensation. Pursuant to the earlier order passed by the High Court, out of total sum of Rs. 7,52,471/- deposited by the respondent, the appellant has already withdrawn 50% of the amount, i.e., Rs. 3,76,236/-. The impugned judgment and order passed by the High Court is hereby quashed and set aside. Under the circumstances and in the facts of the case, the appellant is entitled to Rs. 3,76,236/- towards compensation with interest for the disability suffered by him, which the appellant has already withdrawn and be treated as full and final settlement of the claim of the appellant towards compensation with interest for the disability suffered by him. [Paras 3-5][220-F-G; 220-H; 221-AD]

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Judgment of the Court was delivered by M. R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Delhi at New Delhi in First Appeal No. 511 of 2016, by which the High Court has allowed the said appeal preferred by the respondent – employer and has set aside the order passed by the Commissioner, Employees’ Compensation awarding compensation of Rs. 3,74,364/- to the appellant herein, the injured employee has preferred the present appeal. 2. That the appellant filed an application for compensation before the Commissioner, Employee
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