The High Court allowed the appeal partly, enhancing the compensation by assessing the disability at 70% instead of 40% based on medical evidence. The court directed the deposit of the increased amount along with interest at 12% per annum.
Compensation enhanced to Rs.2,34,358/- and interest granted at 12% p.a. from date of accident.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURTFOR THE STATE OF TELANGANA AT HYDERABAD
TUESDAY, THE FIFTEENTHDAY OF MARCH TWO THOUSAND ANDTWENTY TWO
PRESENT
THE HONOURABLE SMT. JUSTICEP.SREESUDHA
CIVIL MISCELLANEoUS APPEAL NO: 668 OF 2010
Appeal Under Section 30 ofW.C. Act against the Judgment/Decreein w.c.No.148 oI 2oO4 dated15.04.20100n the file of the court of the commissioner for Workmen's Compensation andDeputy Commissioner of Labour, Nizamabad
Betwee n:
Shaik Massod, S/o. Shaik Ahmed,aged 44 years' Occ: AutoDriverR/o. Bodhan village and mandal, NizamabadDistrict
...APPELLANT/CLAIMANT
AND
...RESPONDENTS/RESPONDENTS
Counsel for the Appellant: SMT. K. SARALAMAHENDER REDDY
Counsel for the Respondent No.2: SMT.P. SATYAMANJULA
The Court delivered the following: JUDGMENT
;
THE HON'BLE JUSTICE P, SREE SUDHA
CIVIL MISCELLANEOUS APPEAL NO.668 OF 20 1 o
ORDER:
Challenging the order dated 15-04-2020passed inW.C No.148 of 2OO4 by the Commissioner for Workmen's Compensation and Deputy Commissioner of Labour, Nizamabad, seeking enhancement of the compensation, this Civil Miscellaneous Appeal is filed by the claimant.
PSS,J CMA No.668 of 2010
over his body, immediatelyhe was shifted toGovernment Hospital, Nizamabad.Later, he was referred to Hyderabad' The applicant/appellant filed theapplicationforgrantof compensation of Rs.5,00,000/-.After adducing evidence and marking exhibits, the leainedAssistantCommissioner granted an amount of Rs.1,34,247 l- towardscompensation.Aggrieved by the said order, the applicant/appeliantpreferredthis Appeal.
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PSS,J CMA No.668 of 2010
t
pss,.lt + CMA No.668of 2010
painful right wrist andforearmmovementsand episodes of pain on coughing andassesseddisabitityat7 Oo/o (seventy) permanent and partial'But, the Commissionerhas considered the disabilityof 40% withoutassigning any reason'
AS g . The applicant/ appellantis entitled for compensation fo1lor,r,s:-
Rs. 2934 x 6011OO x 70llooX 189.56 = 2'33'591'l-+ Rs.267 l- towards stamp feeand Rs.500/- towards Advocate fee. In all, Rs.2,34,358/-.
5 PSS,J CMA No.668 of 2010
,
NATIONAL TNSURANCE COMPANY2, the applicant/appellant is entitled for interest @ 12% per..annum from the date of accident ti1l date of realisation. But, the Insurance Company/Respondent No. 2 has already deposited the amount. The applicant herein is entitled for interest @, 12% per annum from the date of accident till the date of such deposit. The Insurance Company is directed to deposit the balance amount within one month from the date of order and on such deposit, the applicant/appellant is permitted to withdraw the balance amount along with interest.
1 1. Accordingly, the Civil Miscellaneous Appeal is allowed in part. There shall be no order as to costs.
'zolapl scc 298
SD/.K.SRINIVASA RAO JOINT REGISTRAR
,TRUE COPY//
SECTION OFFICER
To,
HIGH COURT
DATED: 1510312022
JUDGMENT
liE STA 14:
oo 2 B JUL ZO2
CMA.No.668 of2010
PARLTY ALLOWING THECMA. WITHOUT COSTS.
ay
\qY
6 o
3 issues framed by the court
Whether the disability of the workman should be assessed at 70% instead of 40% based on medical evidence regarding multiple fractures.
Whether the claimant is entitled to interest at 12% per annum from the date of accident till realization under Section 4(b)(i).
Whether the enhancement of compensation based on the corrected disability percentage should be allowed.
Colour shows how this judgement treated each authority
SABERABI YAKUBBHAI SHAIKH V/S NATIONAL INSURANCE COMPANYExplained¶36
SABERABIBI YAKUBBHAI SHAIKH V/S NATIONAL INSURANCE COMPANY 2014 (2) scc 298 · Who else cites this
2 provisions across 1 enactments
Shaik Massod
Syed Mahmood
New India Insurance Co. Ltd.
P. Sreesudha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
