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2019 Supreme(HP) 1882
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Sureshwar Thakur, J.
Pwan Kumar - Appellant
Versus
Liberty Videocon General Insurance Ltd. & others - Respondents
FAO No. 415 of 2017 & CMP No.8209 of 2017
Decided On : 30-09-2019
Advocate Appeared:
For the Appellant :Mr. Rakesh Chauhan, Advocate.
For the Respondents:Mr. Hemant Kumar, Advocate.
The introduction of new evidence must be relevant and demonstrate a material impact on the case, such as permanent loss of future earnings or employment, to be admissible.
Headnote:
Compensation - Disability Claimant - The court declined to allow the introduction of a new disability certificate as evidence, as it did not show that the claimant's disability had led to permanent loss of future earnings or affected his employment.
Fact of the Case:
The disabled claimant was under-assessed for compensation by the MACT. The claimant sought to introduce a new disability certificate showing a higher percentage of disability as evidence to claim higher compensation.
Finding of the Court:
The court found that the new disability certificate did not demonstrate that the claimant's disability had led to permanent loss of future earnings or affected his employment. Therefore, the court dismissed the appeal and maintained the impugned award.
Issues: The main issue was the assessment of compensation for the disabled claimant and the admissibility of a new disability certificate as evidence.
Ratio Decidendi: The court declined to allow the introduction of the new disability certificate as evidence, as it did not show that the claimant's disability had led to permanent loss of future earnings or affected his employment.
Final Decision: The appeal filed by the claimant was dismissed, and the impugned award was maintained and affirmed. All pending applications were also disposed of.
JUDGMENT :
Sureshwar Thakur, J.
The disabled claimant, is, aggrieved by, the, under assessment, of, compensation, qua him, by, the learned MACT concerned, upon, the latter making a pronouncement, upon, M.A.C. Petition No. 181 of 2015, (i) where through, compensation amount, borne in a sum of Rs. 48,770/- stood assessed, qua, him, and, thereon stood levied, interest, at, the rate of 7.5%, and, the afore rate of interest, was, ordered to commence, from, the date of petition, till realization thereof, along with litigation expenses, borne in a sum of Rs. 5,000/-, (ii) and, the apposite indemnificatory liability, stood fastened, upon, the insurer of the offending vehicle.
2. A perusal of, the, disability certificate, borne, in Ext. PW-2/A, unfolds, qua, a, 20% temporary disability, appertaining to locomotor impairment, hence, standing entailed, upon, the disabled claimant, in sequel, to, befallment of injuries upon him, as, sparked, by, the ill-fated collision, involving the offending vehicle, driven, by respondent No.3. The afore disability certificate, stood, proven, by PW-2, (i) however, during the course, of his cross-examination, the afore witness has acquiesced, to, a suggestion, qua, the disability reflected, in Ext. PW-2/A, being temporary in nature, (ii) and, also it being amenable to recuperation, rather, with passage of time, (iii) and, thereafter, he has also acquiesced, vis-a-vis, a suggestion qua, the afore disability, not, interdicting the workman, to perform the callings, of, his avocation, and, also has made, a, testification, qua, no loss of salary, being entailed upon the disabled claimant, in sequel to the disability, as reflected, in Ext. PW-2/A, hence, standing encumbered, upon, the claimant.
3. The learned Tribunal, upon, meteing credence to the afore deposition, and, also with the claimant, even after the afore percentum of disability, standing entailed, upon, him, rather evidently receiving, the, full complement of salary from the department concerned, hence, declined computation, of, compensation, vis-a-vis, him, under the head (a) loss of earnings, during the period of his treatment, (b) and, also under, the, head loss of future income.
4. The afore declining, to, the claimant, by the learned Tribunal, is, visibly not stained with any aura, of, mis-appraisal, or, non-appraisal, of, the afore evidence, on, record. However, during the pendency of the instant appeal before this Court, the disabled claimant, has, strived to place on record, a, disability certificate, hence making a pronouncement, qua, the echoed therein hence extent of 25% disability, appertaining to locomotor impairment, being entailed, upon him, and, it also making, a, pronouncement, vis-a-vis, the afore percentum, of, disability, being, permanent in nature. Consequently, the counsel for the disabled claimant strives, to, seek leave, to, adduce into evidence, the afore disability certificate, (i) as thereupon, the, declining(s) of the afore relief, to the claimant, would become benumbed, (ii) and, also thereafter contends, that, the espoused leave, to introduce, the, afore disability certificate, into evidence, is just, and, essential, and, also the apt leave being accordable rather for, enabling this Court, to, clinch findings, vis-a-vis, the entitlement, of, the claimant, vis-a-vis, computation, of, compensation, towards loss of earning, during, the period of his treatment, as well as, towards future loss of earning, given, the afore percentum of permanent disability, standing entailed, upon, him.
5. For the reasons to be assigned hereinafter, the afore endeavor, is, a misbeffiting endeavor, and, enjoins its being declined, (i) as apart, from, averments being, cast, in paragraph-5, of the application qua , the, afore percentum of disability, hence precluding him, to, smoothly perform, his, daily calls, (ii) there is no further averment(s), that, extantly, and, in sequel, to, the afore prcentum, of, permanent disability, hence entailed, upon, h
