The statutory provisions of the Workmen’s Compensation Act impose limitations on assessing compensation for disabled workmen, specifically excluding compensation for loss of enjoyment of life or pain and suffering.

Sureshwar Thakur, J.

Both the petitions are taken up together as they arise from a common award.

2. FAO No. 10 of 2007 stands instituted by appellant herein (for short “employer”), wherein the award of the Commissioner under the Workmen’s compensation Act (for short “Commissioner”) stands assailed on the grounds delineated therein.

3. FAO No. 240 of 2007 stands instituted at the instance of the appellant herein (for short “workman”) claiming therein the relief of compensation awarded in his favour by the Commissioner under the impugned award being enhanced.

4. The workman sustained injuries on 9.4.2002 at Jouri Nalah during the course of his employment under the employer whereupon 25% disability in relation to dorsolumber spine stood entailed upon him. The manner of accrual of injuries on his person as delineated in the petition preferred by the workman before the Commissioner is of his at about 3 p.m. on his climbing a pole to join the cable with the aid of other workmen, the cable suddenly loosening constraining him to loose his balance seqeulling his falling on the ground with the concomitant effect of his standing afflicted with injuries on his back and arms. He was taken by Shri Mushu Ram and Himat Ram for treatment to CH, Sunni wherefrom he stood referred for treatment to IGMC, Shimla. He remained admitted as an indoor patient in IGMC, Shimla w.e.f 10.4.2002 to 13.6.2002. Ex. PW-1/A is reflective of a disability of 25% standing enjoined upon the workman. Police report lodged qua the occurrence stands comprised in Ex.PW-1/C.

5. The learned counsel appearing for the employer has concerted of given the reflections in Ex.RW-1/A furnished by the workman before his employer at the time of his standing regularized in his hitherto daily waged capacity he rendered work under his employer qua his standing declared therein to be fully fit, reflections whereto stand espoused by the learned counsel for the employer to benumb the revelations constituted in Ex.PW-1/A and Ex. PW-1/A-1 issued subsequent to the issuance of the former with a concomitant effect of its ingraining the impugned rendition of the Commissioner with a palpable infirmity. For reiteration the learned counsel for the appellants contends of hence with Annexure PW-1/A standing bereft of tenacity the sequelling effect thereof is of the factum of injuries sustained by the workman in an accident which purportedly occurred during the course of his employment under it standing belied thereupon it is canvassed before this Court by the learned counsel for the employer of the workman standing disentitled to enforce the award against it.

6. However, the aforesaid submission addressed before this Court by the learned counsel for the employer stands enfeebled in the face of –

(a) RW-1 in his deposition vividly underlining therein in corroboration to the deposition of PW-1 of the latter during the course of his employment under his employer on 9.4.2000 sustaining injuries arising from his accidentally suffering a fall from a pole. Moreover with his conveying therein of the workman obtaining treatment as an indoor patient w.e.f 10.4.2002 to 13.6.2002 from IGMC, Shimla for correcting/curing the injuries does give leverage to the espousal of the workman of his suffering injuries arising from his accidentally suffering a fall from a pole during the course of his employment under his employer;

(b) with RW-1 underscoring in his deposition comprised in his cross-examination qua the fitness certificate comprised in Ex.RW-1/A whereupon the workman obtained the benefit of regularization in his hitherto daily waged capacity standing issued as a matter of routine and of despite the entailment of any disability upon any workman staking a claim to the benefit of regularisation in service, the employer yet proceeding to afford to the workman the apposite staked benefit, is communicative of the effect if any of the reflections in Ex.RW-1/A of the workman standing therein declared fit to perform