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

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

Although a Medical Board in 2017 reported no permanent disability, the Court gave weight to the disability certificate of 13.09.2009 and the fact that the Medical Board examined the appellant approximately nine years after the accident; consequently the appellant was entitled to Rs.3,76,236 which he had already withdrawn and this amount was to be treated as full and final settlement of his compensation claim.

Parties
Appellant: Suresh Paswan; Respondent: M/s. KLA Construction Technologies Pvt. Ltd. & Ors.
Jurisdiction
India
Judgment Date
16 September 2022
Procedural Posture
Civil Appeal No. 6523 of 2022 / Appeal Against High Court Judgment in FAO No.511 of 2016
Outcome
Appeal partly allowed
Legal Topics
Medical Board Examination, Disability Certificate, Compensation Award, Withdrawal of Deposited Amount, Procedural Delay in Medical Examination
Employees' Compensation Personal Injury Disability Assessment Medical Board Examination Disability Certificate Compensation Award Withdrawal of Deposited Amount Procedural Delay in Medical Examination

Case Brief

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Parties

Suresh Paswan

Appellant

M/s. KLA Construction Technologies Pvt. Ltd. & Ors.

Respondent

Procedural Posture

Civil Appeal No. 6523 of 2022 / Appeal Against High Court Judgment in FAO No.511 of 2016

Legal Issues

  1. 1 Whether the appellant was entitled to compensation despite a Medical Board report finding no permanent disability
  2. 2 Whether the earlier disability certificate dated 13.09.2009 establishing 60% disability should be given effect
  3. 3 Whether the amount already withdrawn by the appellant constitutes full and final settlement of the compensation claim

Ratio Decidendi

Although a Medical Board in 2017 reported no permanent disability, the Court gave weight to the disability certificate of 13.09.2009 and the fact that the Medical Board examined the appellant approximately nine years after the accident; consequently the appellant was entitled to Rs.3,76,236 which he had already withdrawn and this amount was to be treated as full and final settlement of his compensation claim.

Court Disposition

Appeal partly allowed

Orders

  • Impugned judgment and order of the High Court dated 27.04.2018 in FAO No.511 of 2016 quashed and set aside
  • Appellant is entitled to a total sum of Rs.3,76,236 towards compensation with interest for the disability suffered, which the appellant has already withdrawn and which shall be treated as full and final settlement of his claim