Employee’s Compensation Act, 1923
Sections 4 & 30—Compensation for permanent disability—Reduction by High Court—Appeal—On the basis of medical certificate provided by the Board, the Workmen’s Compensation Commissioner found the appellant unfit for labour inasmuch as there was complete loss of grip in appellant’s left hand—Prior to the accident, the appellant worked as a loading/unloading labourer—Even if she could use her right hand, the crux is whether she could be considered suitable for performing her task as a loading/unloading labourer—Such a task is ordinarily performed by using both hands—No material on record from which it could be inferred that the appellant was skilled to perform any kind of job by use of one hand—It is also not a case where the appellant had the skill to perform her job by using machines which the appellant could operate by using one hand—When the Board had certified that the appellant was rendered unfit for labour, there was no perversity in the decision of the Commissioner in awarding compensation by treating the disability as total on account of her functional disability—High Court erred in partly setting aside the order of the Commissioner and assessing disability as 40% instead of 100%, as assessed by the Commissioner—Impugned order of High Court is set aside and that of Commissioner is restored—Appeal allowed.
[Paras 31 & 32 ]