Age fixed on the basis of disability certificate issued by doctor is not proper, says court
CHENNAI: The Madras High Court has modified the compensation awarded by the Commissioner for Workmen’s Compensation-I to a watchman, who was attacked by a person with a lethal weapon while on duty.
The court found that the age fixed by the tribunal based on the disability certificate issued by the doctor was not proper.
G. Manickam submitted that he was working as a watchman under Denamick Security Agency, Annanagar (West), on a monthly wage of Rs.1, 200.
On April 24, 1996, a person tried to remove wooden planks from the construction site at Shenoynagar, where he was on duty. When he protested, he was attacked with an ‘aruval.’ The assailant escaped. Mr. Manickam was rushed to the Kilpauk Medical College Hospital.
In its counter, the security agency said it had never employed the watchman and denied the incident as claimed by him.
The Commissioner for Workmen’s Compensation-I concluded that the watchman was in the employment of the security agency on the date of occurrence, and directed it to pay a compensation of Rs.46,199. The agency filed an appeal.
Allowing the appeal in part, Justice R. Subbiah said counsel for the appellant argued that the age of the victim was wrongly taken by the authority as 57 years. The doctor who had treated the victim in the Kilpauk Medical College Hospital had deposed that while he was on duty in the hospital, Manickam, aged about 63, was brought for treatment.
Likewise, in the statement of a head constable, the watchman’s age was recorded as 63. Even in the claim petition, the watchman had given the same age. However, the Commissioner for Workmen Compensation awarded the compensation taking his age as 57, based on the evidence of the doctor who had issued the disability certificate.
Mr. Justice Subbiah said the age of 63, recorded by the doctor who treated the victim in the Kilpauk Medical College Hospital, was based on the watchman’s statement. If the calculation was made by fixing the age at 63, the compensation would amount to Rs. 38,347.20.
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