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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
PANKAJ JAIN
ICICI Lombard General Insurance Company Ltd. – Appellant
Versus
Manish Kumar – Respondent
JUDGMENT :
Pankaj Jain, J.
Insurance company is in appeal aggrieved of order dated 24.10.2024, passed by the Commissioner, Circle-III, Gurugram, under the Employee’s Compensation Act, 1923 (hereinafter referred to as ‘1923 Act’).
2. Primary grievance raised by the insurance company is twofold and the same stems out of the quantum of compensation assessed by the Commissioner. Counsel for the appellant/insurance company submits that the Commissioner erred in taking the monthly income of the injured claimant as Rs.25,000/- instead of the income notified by the Central Government under Section 4 (1-B) of 1923 Act, which is Rs.15,000/- for the relevant date.
2.1. He further submits that despite the fact that disability suffered by the claimant/respondent No.1 was assessed as 48%, the Commissioner erred in treating the same as 100% functional disability.
3. Per contra, counsel for the claimant/respondent No.1 submits that the Commissioner has rightly assessed the compensation. Actual monthly wages of the claimant were proved on record and the Commissioner decided the compensation accordingly. It is contended that notification issued under Section 4 (1-B) is subject to Section 5 of 1923 Act
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