Advocates:
['V N UPADHYE', 'R R IMALE', '', 'R/ AND SERVED']

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F.A. No. 4099-2008.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

FIRST APPEAL NO. 4099 OF 2008

WITH

CIVIL APPLICATION NO. 5427 OF 2009,

WITH

CIVIL APPLICATION NO. 12094 OF 2008

M/s New India Assurance Co. Ltd,

having it’s Regd and Head office at

New India Assurance Building, 87 M.G.

Road, Fort, Mumbai- 4000 01 Branch

at Jalna and Divisional Office at Ajay

Engg. Compound Dr. Rajendra Prasad

Road, Aurangabad – 431 005 through it’s

Senior Divisional Manager

Vishwas S/o Bansi Gaikwad 54 Years .. Appellant

(Orig. Ist Opponent)

VERSUS

1.

Raju S/o Rajabhau Bilore,

Age : 27 Years, Occ. Nil,

R/o Near Pangari Tq. Badnapur

Dist. Jalna through its Next Friend

Wife Ramabai Raju Bilore

R/o. As above

2.

M/s Parwati Steel Re Rolling Mills

Near Samrat Celender MIDC Area

Alurangabad Jalna Road through

Mitesh Vindroy

3.

Shri. Mitesh Vindroy Seth

Age : Major, Occ. Business

R/o Jalna Parwati Steel Re

Rolling Mills Jalna.

.. Respondents

…..

Shri. V. N. Upadhye, Advocate for the appellant

Shri. R.R. Imale, Advocate for respondent No.1

…..

WITH

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F.A. No. 4099-2008.odt

CIVIL APPLICATION NO. 9099 OF 2022

IN

FIRST APPEAL NO. 4099 OF 2008

Raju s/o Rajabhau @ Rambhau Bilore,

Age : 41 Years, Occ. Nil,

R/o. Najik Pangari, Tq. Badnapur,

District Jalna.

...Applicant

VERSUS

1.

New India Assurance Company Limited,

Through it’s Divisional Manager,

Aurngabad.

Ori. Appellant

2.

M/s Parwati Steel Re rolling Mills,

Near Samrat Cylender, MIDC Area,

Aurangabad Jalna Road, Jalna

Through Mr. Mitesh Vindoroy

3.

Mr. Mitesh Vindroy Seth,

Age : Major, Occ. Business,

R/o. M/s Parwati Steel Re rolling Mills,

Near Samrat Cylender, MIDC Area

Aurangabad, Jalna Road, Jalna

.. Respondents

...

Shri. R.R. Imale, Advocate for the respondent No.1

Shri. V. N. Upadhye, Advocate for Appellant

….

CORAM : S. G. DIGE, J.

Reserved on 30.08.2022

Pronounced on : 19.10.2022

JUDGMENT :-

Challenge in this appeal is to the Judgment and

order rendered by the learned Commission for Workmen

Compensation and Labour Judge Jalna (for short the

Commissioner) whereby the Commissioner has awarded the

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F.A. No. 4099-2008.odt

compensation of Rs. 300288/- against the appellant and

respondent No.2.

Brief facts of the case are as under :-

2.

Respondent No.1 (for short claimant) was working in

the factory of respondent No.2. At the relevant time when he

was working in factory suddenly a hot steel rod came on to his

head and thereby he sufered serious injury. He was

immediately shifted to Dr. Agrawal’s Hospital and thereafter

Seth Nandlal Dhoot Hospital,Aurangabad. He was there as

indoor patient for 17 to 18 days in unconscious condition. He

was operated there. He has trachectomy tube in situ and has

left hemiplegia. At the time of accident, he was 26 years old

and drawing Rs. 5,000/- per month as wages. In the said

accident he sufered 30% total permanent disability.

3.

The claimant fled a claim petition before The

Commissioner Compensation and Labour Judge, it is allowed.

Against said Judgment and order this appeal.

4.

It is contention of learned counsel for appellant that

when a qualifed medical practitioner has certifed that there is

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F.A. No. 4099-2008.odt

30% of permanent disability caused to the claimant in the said

accident the Commissioner could not have been taken a

diferent view holding that there was 100% functional disability

caused to the claimant which is improper and illegal. Learned

counsel further submits that the Commissioner has erred in not

appreciating that the compensation or percentage of disability

has to be assessed with the reference to the work or job, the

workman concerned was doing at the time of accident and/or

his capability to works on any other occupation. Hence

requested to allow the appeal.

5.

It is contention of learned counsel for respondent

No.1 that the injury was caused to the head