Bombay High Court
General Manager, W.C.L., Nagpur And ... vs Maroti S/O Motiram Ghonge on 8 March, 2018
Author: Z.A.Haq
Bench: Z.A.Haq
Judgment 1 fa313.07.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
FIRST APPEAL NO. 313 OF 2007
1. General Manager, Western Coalfields Ltd.,
Coal Estate, Civil Lines, Nagpur.
2. Sub-Area Manager, Saoner Coal Mines,
Western Coalfields Ltd., Saoner,
Tq. Saoner, Dist. Nagpur.
.... APPELLANT.
// VERSUS //
Maroti S/o. Motiram Ghonge,
aged about 45 years, Occu.: Nil,
R/o. Borgaon, Tah. Kalmeshwar,
Dist.: Nagpur.
.... RESPONDENTS
.
___________________________________________________________________
Shri A.S.Mehadia, Advocate for Appellants.
None for the Respondent.
___________________________________________________________________
CORAM : Z.A.HAQ, J.
DATED : MARCH 08, 2018.
ORAL JUDGMENT :
1. None appears for the respondent/ employee. Heard Shri A.S.Mehadia, advocate for the appellants. ::: Uploaded on - 04/04/2018 ::: Downloaded on - 21/05/2018 09:12:56 :::
Judgment 2 fa313.07.odt
2. The appellants (employer) have filed this appeal under Section 30 of the Workmen's Compensation Act, 1923 (now, Employees' Compensation Act, 1923) (hereinafter referred to as "the Act of 1923"), challenging the order passed by the Commissioner under the Act of 1923 by which the application filed by the respondent/ employee under Section 22 of the Act of 1923 is allowed and the employer is directed to pay an amount of Rs.66,301/- along with interest, towards compensation to the respondent/ employee.
While admitting the appeal, this Court had framed the following substantial question of law :
Whether opinion of the private medical practitioner would carry more weight than the opinion given by the Apex Medical Board consisting of three doctors?
3. The facts on record show that the respondent/ employee made the claim for compensation contending that on 11 th February, 1998 while on duty, he met with an accident because of which he suffered blindness which amounts to 30% permanent partial disability. The respondent-employee relied on the certificate issued by Dr. Rajesh Singare who was on the panel of Western Coalfields Limited. The respondent/ employee examined Dr. Rajesh Singare, who supported the case of the respondent/employee that he had suffered permanent partial disability up to 30%.
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Judgment 3 fa313.07.odt The appellants relied on the OPD Card (Exh.24) of the hospital run by the appellants. The appellants relied on the OPD Card (Exh.29)which showed that there was no permanent partial disability at all.
4. After examining the record and considering the contentions raised on behalf of the appellants, I find that the appellants have failed to substantiate their contention that the respondent/ employee had not suffered any permanent partial disability. Though the appellants relied on the OPD Card (Exh.29) none of the doctor of the Apex Medical Board has been examined by the appellants. The respondent/employee has discharged the burden of substantiating his claim that he had suffered permanent partial disability up to 30% by leading evidence and also examining Dr. Rajesh Singare. As recorded earlier, Dr. Singare had been on the panel of Western Coalfields Limited.
I find that the learned Commissioner has rightly appreciated the evidence on record. The findings recorded by the learned Commissioner cannot be faulted with. I see no reason to interfere with the matter.
5. The appeal is dismissed. In the circumstances, the parties to bear their own costs.
JUDGE RRaut..
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