SURESH PASWANversusM/S. KLA CONSTRUCTION TECHNOLOGIES PVT. LTD. & ORS.

218                      [2022]REPORTS
               SUPREME COURT    7 S.C.R. 218               [2022] 7 S.C.R.


A                             SURESH PASWAN
                                        v.
               M/S. KLA CONSTRUCTION TECHNOLOGIES
                          PVT. LTD. & ORS.
B                        (Civil Appeal No. 6523 of 2022)
                             SEPTEMBER 16, 2022
                 [M. R. SHAH AND KRISHNA MURARI, JJ.]
             Compensation – Appellant-employee fell down from the roof
      of the first floor and suffered grievous injuries while working at
C
      the construction site under the respondent-employer – Commissioner,
      Employees’ Compensation awarded Rs.3,74,364/- towards
      compensation – Order set aside by High Court – On appeal, held :
      Disability Certificate was issued by the doctor in 2009 and the
      Medical Board constituted pursuant to the order passed by the High
D     Court examined the injured employee after a period of approximately
      nine years from the date of accident – Appellant did suffer the
      injuries due to fall and at the relevant time, it affected his 60%
      earning capacity – Pursuant to the earlier order passed by the High
      Court, out of total sum of Rs. 7,52,471/- deposited by the respondent,
      the appellant has already withdrawn 50% of the amount, i.e.,
E
      Rs. 3,76,236/- – This shall be treated as full and final settlement of
      his claim towards compensation with interest for the disability
      suffered – Order passed by the High Court set aside.
            Partly allowing the appeal, the Court
F            HELD: It is true that the Medical Board in its report dated
      09.11.2017 has opined that the appellant has not suffered any
      permanent disability. However, at the same time, the disability
      certificate issued was of the year 2009 and the Medical Board
      constituted pursuant to the order passed by the High Court
      examined the injured employee after a period of approximately
G     nine years from the date of accident. Considering the fact that
      the appellant did suffer the injuries due to fall and at the relevant
      time, it affected his 60% earning capacity, it may not be that
      nothing was to be awarded to the appellant – injured employee
      by way of compensation. Pursuant to the earlier order passed by
H     the High Court, out of total sum of Rs. 7,52,471/- deposited by
                                       218
        SURESH PASWAN v. M/S. KLA CONSTRUCTION                                 219
                TECHNOLOGIES PVT. LTD.

the respondent, the appellant has already withdrawn 50% of the                 A
amount, i.e., Rs. 3,76,236/-. The impugned judgment and order
passed by the High Court is hereby quashed and set aside. Under
the circumstances and in the facts of the case, the appellant is
entitled to Rs. 3,76,236/- towards compensation with interest for
the disability suffered by him, which the appellant has already
                                                                               B
withdrawn and be treated as full and final settlement of the claim
of the appellant towards compensation with interest for the
disability suffered by him. [Paras 3-5][220-F-G; 220-H; 221-A-
D]
      CIVIL APPELLATE JURISDICTION: Civil Appeal No. 6523
of 2022.                                                                       C

      From the Judgment and Orders dated 27.04.2018 of the High
Court of Delhi at New Delhi in FAO No.511 of 2016.
      Ajay Choudhary, Adv. for the Appellant.
       Amit George, K. K. Shukala, Kartickay Mathur, Anand Shankar,            D
Pulkit Tare, Advs. for the Respondents.
      The Judgment of the Court was delivered by
      M. R. SHAH, J.
       1. Feeling aggrieved and dissatisfied with the impugned judgment        E
and order passed by the High Court of Delhi at New Delhi in First
Appeal No. 511 of 2016, by which the High Court has allowed the said
appeal preferred by the respondent – employer and has set aside the
order passed by the Commissioner, Employees’ Compensation awarding
compensation of Rs. 3,74,364/- to the appellant herein, the injured
                                                                               F
employee has preferred the present appeal.
       2. That the appellant filed an application for compensation before
the Commissioner, Employees’ Compensation. It was the case on behalf
of the appellant that while he was working at the construction site under
the respondent-employer, he fell down from the roof of the first floor
and suffered grievous injuries, which resulted in 60% permanent disability.    G
The appellant relied upon the disability certificate dated 13.09.2009 issued
by Dr. Umesh Kumar Singh, Civil Surgeon-cum-Medical Officer,
Gardiner Road Hospital, Patna certifying that the appellant sustained
60% disability, which was as a result of the accident. It appears that the
respondent – employer disputed the disability certificate dated 13.09.2009     H
220            SUPREME COURT REPORTS                          [2022] 7 S.C.R.


A     as well as his disability as assessed 60% under the said disability
      certificate. The learned Commissioner, Employees’ Compensation
      awarded a total sum of Rs. 3,74,364/- towards the compensation taking
      the permanent disability of the appellant as 60%.
             2.1 Feeling aggrieved and dissatisfied with the order passed by
B     the Commissioner, Employees’ Compensation awarding Rs. 3,74,364/-
      towards the compensation considering the permanent disability of the
      appellant as 60%, the respondent – employer preferred appeal before
      the High Court. Before the High Court, an application was submitted by
      the employer to constitute a Medical Board to examine the permanent
      disability of the appellant. By order dated 21.03.2017, the High Court
C     directed the Medical Superintendent of Dr. Ram Manohar Lohia Hospital
      to constitute a Medical Board to examine the disability of the appellant.
      The Medical Board submitted the report dated 09.11.2017 and according
      to the said report the appellant did not suffer any permanent disability.
      Therefore, the High Court by the impugned judgment and order has
D     allowed the said appeal preferred by the respondent No.1 herein and
      has set aside the order passed by the Commissioner, Employees’
      Compensation. Hence, the present appeal is at the instance of the original
      claimant – employee.
             3. We have heard the learned counsel for the respective parties at
E     length. We have also gone through and considered the earlier disability
      certificate dated 13.09.2009 relied upon by the claimant as well as the
      learned Commissioner, Employees’ Compensation as well as the report
      dated 09.11.2017 of the Medical Board constituted pursuant to the order
      passed by the High Court dated 21.03.2017. It is true that the Medical
      Board in its report dated 09.11.2017 has opined that the appellant has
F     not suffered any permanent disability. However, at the same time, it is
      required to be noted that the disability certificate issued by Dr. Umesh
      Kumar Singh, Civil Surgeon-cum-Medical Officer, Gardiner Road Hospital,
      Patna was of the year 2009 and the Medical Board constituted pursuant
      to the order passed by the High Court examined the injured employee
G     after a period of approximately nine years from the date of accident.
      At the relevant time, the employer did not make any application before
      the Commissioner, Employees’ Compensation to constitute a Medical
      Board and the injured be examined by the Medical Board. The employer
      ought to have made such a request before the Commissioner, Employees’
      Compensation at the earliest opportunity. Be that as it may, considering
H
        SURESH PASWAN v. M/S. KLA CONSTRUCTION                                  221
          TECHNOLOGIES PVT. LTD. [M. R. SHAH, J.]

the fact that the appellant did suffer the injuries due to fall and at the      A
relevant time, it affected his 60% earning capacity, it may not be that
nothing was to be awarded to the appellant – injured employee by way
of compensation.
        4. It is reported that pursuant to the earlier order passed by the
High Court, out of total sum of Rs. 7,52,471/- deposited by the                 B
respondent, the appellant has already withdrawn 50% of the amount, i.e.,
Rs. 3,76,236/-. Under the circumstances and in the facts of the case, we
are of the opinion that the appellant is entitled to Rs. 3,76,236/- by way
of compensation with interest, which the appellant has already withdrawn,
it shall meet the ends of justice.
                                                                                C
       5. In view of the above and for the reasons stated above, present
appeal succeeds in part. The impugned judgment and order passed by
the High Court is hereby quashed and set aside. It is directed that the
appellant is entitled to a total sum of Rs.3,76,236/- towards compensation
with interest for the disability suffered by him, which the appellant has
already withdrawn earlier. Therefore, the aforesaid amount of Rs.               D
3,76,236/- withdrawn by the appellant be treated as full and final
settlement of the claim of the appellant towards compensation with interest
for the disability suffered by him. The balance amount lying in deposit
with the High Court/Commissioner may be withdrawn by the respondent/
employer, if not withdrawn so far.                                              E
       6. Present appeal is accordingly disposed of in terms of the above.

Divya Pandey                                           Appeal partly allowed.
(Assisted by : Deepak Panwar, LCRA)
                                                                                F




                                                                                G




                                                                                H