VidhiSangh

Supreme Court of India · 16/09/2022

SURESH PASWAN versus M/S. KLA CONSTRUCTION TECHNOLOGIES PVT. LTD. & ORS.

[2022] 7 S.C.R. 218 · 2022 INSC 973

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

A construction worker fell from a first-floor roof at his employer's site. Relying on a 2009 certificate assessing 60% permanent disability, the Commissioner, Employees' Compensation awarded him about Rs. 3.74 lakh. On the employer's appeal, the Delhi High Court had a medical board examine him about nine years after the accident. The board found no permanent disability, and the High Court set the award aside. The Supreme Court held that the board's late examination could not wipe out the injury, which at the relevant time had affected 60% of his earning capacity. The employer had not sought a medical board before the Commissioner at the earliest opportunity, and it could not be that nothing was payable. The Court held him entitled to the Rs. 3,76,236 he had already withdrawn from the employer's deposit, in full and final settlement with interest.

Issues

  1. Whether a medical board's finding of no permanent disability, made about nine years after the accident on the employer's application in appeal, justified setting aside compensation awarded on a contemporaneous 60% disability certificate

Held

Result

Appeal partly allowed. The High Court's judgment was set aside and the amount already withdrawn by the worker treated as full and final compensation with interest; the employer may withdraw the balance of its deposit.

Judgment PDF: Supreme Court of India, [2022] 7 S.C.R. 218.