Chhattisgarh HC Gives Injured Electricity Worker Fresh Chance to Prove 60% Right-Hand Disability Claim, While Preserving ₹2.32 Lakh Medical Award

The claimant, an employee of the respondent, sustained injuries in an employment-related accident on 25 September 2009.

He sought compensation, including for medical expenses and permanent disablement.

The Commissioner awarded ₹2,32,280 for outstanding medical expenses but made no award for permanent disablement, disbelieving the disability certificate because its author had not been examined.

The claimant appealed under Section 30 of the Employees’ Compensation Act, 1923.

The appeal was brought under Section 30 of the Employees’ Compensation Act, 1923; the original claim had been made under Sections 10 and 22 of that Act.

The Court applied the principle that the Act is beneficial legislation and that an injured employee’s claim should be considered in a manner that advances its purpose.

A disability certificate should not be rejected solely for a technical deficiency in proof where the Commissioner could summon the issuing witness or allow the claimant to examine that person.

The District Medical Board certificate indicated 60% permanent disablement of the claimant’s right hand, but the Commissioner had rejected it because its author was not examined.

Given the beneficial purpose of the Act, the Court held that the claimant should not lose the opportunity to establish his claim on that technical ground.

Since the certificate had not yet been properly proved, the Court remitted the matter rather than determine entitlement to additional compensation itself.

It remitted the matter to the Commissioner, allowing the claimant to examine the person who issued Exhibit A-12 and directing the Commissioner to reconsider the claim for permanent-disablement compensation after hearing both parties.

The existing award for medical expenses was not to be disturbed, and any amount already paid by the respondent was not recoverable from the claimant.