SRINAGAR: The High Court of Jammu Kashmir and Ladakh has dismissed an appeal by the Divisional Manager of the JK State Forest Corporation, Bhaderwah, against a compensation award of Rs. 2,74,500 granted to a workman who suffered permanent disability while on duty.
The case, MA No. 454/2011, involved Satish Kumar, a 26-year-old employee who sustained a serious leg injury in January 2007 when a wooden log fell on his left knee while performing Pathroo work in Kellar Sector, A-Nallah Balogri, Doda district. The injury, a fractured patella, left him permanently disabled and hospitalized for over two months.
The Assistant Labour Commissioner, Doda, had earlier awarded compensation based on a 55 percent physical disability, while considering his functional disability for jungle work at 100 percent,, and took his monthly wages as Rs. 4,000 for calculating the award. The employer challenged the award, arguing that the disability assessment lacked proper medical certification and that no substantial questions of law were involved.
After hearing arguments, Justice M. A. Chowdhary ruled that the appeal was not maintainable, noting that the award was factual in nature and did not raise substantial questions of law as required under Section 30 of the Employee’s Compensation Act. The court further observed that the appellant had deposited only the principal amount of compensation without interest, which precluded proper filing of the appeal.
The court held that the Commissioner’s assessment of functional disability based on medical evidence and cross-examination was valid, and the factual findings were not open to interference. The judgment also directs that a copy be forwarded to the Assistant Labour Commissioner, Doda, for compliance.
This ruling reinforces the authority of labour commissioners in adjudicating workmen compensation claims and underscores the legal protections available to employees injured during employment in Jammu and Kashmir.
