Dismissed

Esic v. a. Sanwant

Allahabad HC3 Jan 2022FAFO/760/1992

Case brief

AI extract

What is this about?

The Single Judge granted First Appeal No.226 of 1991 and awarded compensation to an injured workman despite the Medical Board finding no loss of earning capacity. The employer appealed claiming the compensation award was based on a perverse and arbitrary finding regarding the percentage of disability. The Court held that the appeal pertained to a finding of fact, not a substantial question of law.

What the court decided

AI extract

Esic Vs a. Sanwant — Allahabad HC (2022) — LawSathi Research

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Court No. - 2

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Case :- FIRST APPEAL FROM ORDER No. - 760 of 1992

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Appellant :- Esic Respondent :- A. Sanwant Counsel for Appellant :- Rajesh Tiwari

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Hon'ble Dr. Kaushal Jayendra Thaker,J.

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Heard Sri Rajesh Tiwari, learned counsel for the appellant. 2. By way of this appeal the Employees State Insurance Corporation (hereinafter referred to as 'ESIC') has felt aggrieved by the judgment and award dated 26.5.1992 passed by Judge, Employees Insurance Court, Kanpur whereby it had allowed the appeal upturning the decision of the medical board in Appeal No.226 of 1991.

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Brief facts are that the Medical Board issued a certificate awarding no loss of earning capacity to the injured-claimant. The injured suffered employment injuries in his left leg resulting into fracture of femur s.c. left leg. The employment injury was not in dispute. What is in dispute is the grant of compensation considering his employment injury to 35%. Can this be considered to be bad and perverse finding?

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The appeal under Workmen Compensation Act/Employees State Insurance Act has to be viewed very seriously in view of the judgment in Golla Rajanna Etc. Etc. Vs. Divisional Manager and Another, 2017 (1) TAC 259 (SC) . The finding of fact is that the injured was an employee who had sustained employment injury and was incapacitated to the tune of 30%.

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I am supported in my view by the decision of the Apex Court in Civil Appeal No.7470 of 2009 North East Karnataka Road Transport Corporation Vs. Smt. Sujatha decided on 2.11.2018 wherein it has been held that the Court has held as under:

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"15. Such appeal is then heard on the question of admission with a view to find out as to whether it involves any substantial question of law or not. Whether the appeal involves a substantial question of law or not depends upon the facts of each case and needs an examination by the High Court. If the substantial question of law arises, the High Court would admit the appeal for final hearing on merit else would dismiss in limini with reasons that it does not involve any substantial question/s of law.

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16. Now coming to the facts of this case, we find that the appeal before the High Court did not involve any substantial question of law on the material questions set out above. In other words, in our view, the Commissioner decided all the material

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questions arising in the case properly on the basis of evidence adduced by the parties and rightly determined the compensation payable to the respondent. It was, therefore, rightly affirmed by the High Court on facts.

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17. In this view of the matter, the findings being concurrent findings of fact of the two courts below are binding on this Court. Even otherwise, we find no good ground to call for any interference on any of the factual findings. None of the factual findings are found to be either perverse or arbitrary or based on no evidence or against any provision of law. We accordingly uphold these findings."

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This Court, recently in F.A.F.O. 1070 of 1993 (E.S.I.C. Vs. S. Prasad) decided on 26.10.2017 has followed the decision in Golla Rajana (Supra) and has held as follows:

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"The grounds urged before this Court are in the realm of finding of facts and not a question of law. As far as question of law is concerned, the aforesaid judgment in Golla Rajanna Etc. Etc. Versus Divisional Manager and another (supra) in paragraph 8 holds as follows "the Workman Compensation Commissioner is the last authority on facts. The Parliament has thought it fit to restrict the scope of the appeal only to substantial questions of law, being a welfare legislation. Unfortunately, the High Court has missed this crucial question of limited jurisdiction and has ventured to re-appreciate the evidence and recorded its own findings on percentage of disability for which also there is no basis."

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In view of the above, the appeal fails and is dismissed. The so called questions of law framed by the Insurance Company are answered against it. In fact the substantial questions of law raised are infact the questions of fact.

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Interim relief, if any, shall stand vacated forthwith.

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Order Date :- 3.1.2022 Mukesh

Esic v. a. Sanwant

Case brief

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Esic v. a. Sanwant

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