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 The Court held him entitled to the Rs. 3,76,236 he had already withdrawn from the employer's deposit, in full and final settlement with interest.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
- 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
- The disability certificate relied on by the Commissioner dated from 2009, while the medical board appointed by the High Court examined the worker about nine years after the accident. The employer had made no request to the Commissioner for a medical board and should have done so at the earliest opportunity. (¶¶ 2.1, 3)
- Since the worker did suffer injuries from the fall that, at the relevant time, affected his earning capacity by 60%, it could not be that nothing was payable. In the circumstances, the Rs. 3,76,236 he had already withdrawn, half of the employer's deposit, was held to be his compensation with interest, in full and final settlement. (¶¶ 3, 4, 5)
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 The High Court's judgment was set aside and the amount already withdrawn by the worker treated as full and final compensation with interest; the employer may withdraw the balance of its deposit.