ORIENTAL INSUARANCE CO LTD v. VISHWANATH & ORS

1. This appeal impugns the award of compensation dated 28.05.2018 in MACP No. 361/15, insofar as it has granted the claim towards re-imbursement of medical expenses. It is the appellant‟s case that the same was erroneous because no medical expenses were incurred by the claimant. The injured being an ex-serviceman, was covered under Ex-servicemen Contributory Health Scheme (ECHS). He was treated at Park Hospital, for which he paid no monies, therefore, the said amount of Rs. 1,95,583/- would not be payable. The position is not opposed by the learned counsel for the respondent. Accordingly, Rs. 1,95,583/- shall not be payable to him.

2. The second contention is that the monthly salary of Rs. 14,178/-, as claimed to be paid by M/s Manohar Deep Singh Mann Security Agency, was never proven. At best, the relevant minimum wages ought to have been made applicable. 2020:DHC:1059

3. The learned counsel for respondent no. 1 submits that the said respondent had not summoned its employer to prove the salary. He further submits that he may be granted one opportunity to do so. The Court is of the view that lest the injured/workman who already suffers from a permanent disability and has undergone physical and mental trauma because of the unfortunate motor vehicular accident, the irreparable prejudice and in the interest of justice, the case is remanded to the learned Tribunal for the claimant to lead evidence apropos his claim of salary @ Rs. 14,178/- from the aforesaid agency.

4. The accident occurred over half a decade ago i.e. on 11.04.2015. Respondent no. 1 should be paid some monies right away and the case be brought to an end expeditiously. In the circumstance, the Court would request the learned Tribunal to dispose-off the case, preferably within a period of three months from the date when the case is next listed before it. The parties shall have full opportunity to lead evidence apropos the aforementioned issue. The parties shall appear before the learned Tribunal on 05.03.2020.

5. Assuming that the claimant/respondent no. 1 was employed as a “guard without a firearm”, and prejudice to his rights, atleast the minimum wages applicable to an unskilled workman at the relevant time i.e. Rs. 9,048/- would be applicable. Accordingly, for the moment the admitted compensation towards „loss of earning capacity‟ shall be as under: Rs. 9,048/-(minimum wages) x 12 (months) x 11(multiplier) x15/100 (functional disability) = Rs. 1,79,150/-, alongwith interest @9% p.a. from 11.05.2015 i.e. the month after the accident.

6. Without prejudice to the rights and contentions of the parties, let the aforesaid amount be deposited before the learned Tribunal, within three weeks from the date of receipt of a copy of this order, to be released to the beneficiaries of the Award, in terms of the scheme of disbursement specified therein. The learned counsel for the appellant submits that 40% of the awarded amount has already been deposited. The amounts already released in part satisfaction of the award shall be adjusted against the amount which is now directed to be paid.

7. The learned counsel for respondent no. 1 submits that functional disability of the injured has only worsened with time and the same may be taken into consideration. It will be open to the respondent to lead evidence in this regard before the learned Tribunal.

8. The appeal, alongwith pending application, stands disposed-off in the above terms.

9. A copy of this order be given dasti to the learned counsel for the parties under the signature of the Court Master.

NAJMI WAZIRI, J FEBRUARY 13, 2020 RW