Court No. - 7

Case :- FIRST APPEAL FROM ORDER No. - 84 of 2019

Appellant :- National Insurance Co. Ltd.

Respondent :- Goyal Kumar And Another

Counsel for Appellant :- Anand Kumar Sinha

Counsel for Respondent :- Rajneesh Tripathi

Hon'ble Ajay Bhanot,J.

Heard Shri Anand Kumar Sinha, learned counsel

for the appellant.

This first appeal for order arises out of a judgement

rendered by the learned Employees Compensation

Commissioner and Deputy Labour Commissioner,

Moradabad Region, Moradabad on 05.11.2018 in

Case No.E.C.A. No.79 of 2017 (Goyal Kumar v.

Mahendra Singh and another) partly allowing the

claim petition of the workmen.

These findings made by the learned Employees

Compensation Commissioner in the impugned

judgment are undisputed. The injury was caused in

an accident which occurred during the course of

employment. The injured asserted that he was a

cleaner by profession. The claimant-workman

sustained grievous injuries which left him with an

amputated right hand. The disability of 43% was

opined by the doctor. The claimant could not

perform his duties of a cleaner owing to the

disability. On this footing, learned tribunal held

that the loss of earning on account of the disability

was total (to the extent of 100%). The

compensation was awarded accordingly. The

learned tribunal while handing down the impugned

award had rightly considered the nature of duties

and the job of the claimant-workman and the

impact of the disability on his earning capacity. He

was a cleaner. He cannot be expected to perform

cleaning duties without his right hand which was

amputated in the accident.

There is no infirmity in the findings of fact

rendered by the learned tribunal. No substantial

question of law arises in this appeal nor has been

pointed.

The first appeal from order is dismissed.

The Employees Compensation Commissioner,

Moradabad Region, Moradabad, shall forthwith

release the entire awarded amount to the claimant.

Order Date :- 18.11.2022

Ashish Tripathi

Digitally signed by ASHISH NAYAN

TRIPATHI

Date: 2022.12.05 09:45:16 IST

Reason:

Location: High Court of Judicature at

Allahabad