Commissioner of compensation cannot extend disability

COMMISSIONER OF COMPENSATION CANNOT EXTEND DISABILITY (future disability)

PERIOD TO COMPENSATE BEYOND ADJUDICATION DATE

In the case of Bajaj Allianz General Insurance Company Ltd vs. Sri. Mridal Roy (2016-I-LLJ-262(Gau) LNIND 2015 GAU 691) ( M.F.A. No. 36 of 2008) the workman while driving vehicle belonging to another person(owner) met with an accident and sustained grievous injuries. Vehicle was insured with Appellant company. The Workmen Compensation Commissioner passed order under section 4(1)(d) of Act, 1923 directing Appellant to pay compensation to workman. Commissioner calculated compensation under section 4(2) of Act and ordered payment of half monthly salary for five years along with interest to workman.

The Appellant approached the HC of Gauhati challenging whether commissioner without evidence relating to period of disability can award half monthly payment of salary for duration of five years under section 4(1)(d) of the Act.

The HC of Gauhati observed and held,

From disposition of witnesses, it is clear that workman sustained injuries and did not drive vehicle till date of disposition. Inability of workman to drive till date of disposition cannot be doubted. There was no cross examination made by Appellant to discredit witness of workman. Physical disablement as held by Commissioner existed till date of impugned award, i.e., for period of three years from date of accident. No evidence was produced to show that disability was likely to continue for another two years.

Findings of Commissioner without any material that workman was expected to be disabled for another two years cannot be upheld. Workman was physically disabled within meaning of section 4(1)(d) of the Act for period of three years from date of accident till date of adjudication. Since Appellant deposited whole amount before Commissioner,  question of granting further penal compensation under section 4A(3)(b) of Act may not arise. Compensation awarded by Commissioner is reduced upon fresh calculation. Workman entitled to interest at rate of 7.5% from date of filing of application till date of deposit.

Accordingly, the appeal was dismissed.

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