A city labour court has directed a transport company and an insurance firm to pay Rs. 6.7 lakh to a 25-year-old who had met with an accident during work in early 2016 that had left him with serious injuries leading to 41 percent disability.
In the unfortunate incident, Samshir Shaikh who was then 23 years old and working as a helper-cum-cleaner with the transport company had suffered fractures to his leg, pelvic bone and multiple other injuries. Hospitalized for over a month, he had undergone a surgery and had a steel rod in one leg fitted with screws.
Shaikh who was earning Rs. 9,000 monthly when the accident took place, had approached the labour court in 2018 for compensation under the Employees Compensation Act. He had sought a compensation of Rs. 10.55 lakh claiming 100 percent loss of earning capacity.
A doctor who deposed before the court told it that he assessed Shaikh's disability as 41 percent permanent partial disability and that he would not be able to work as a cleaner or labourer as he needed support to walk.
While the employer had admitted regarding their employer-employee relationship and the accident, it said that the vehicle being insured and the insurer being provided all necessary documents, it was not liable to pay compensation. The insurance firm National Insurance Co. Ltd. had denied the claims disputing Shaikh’s age, income as well as the accident arising during work.
Commissioner for Workmen’s Compensation and Judge KB Chougule said in his judgment said that Shaikh is not a skilled employee and not prevented from doing other work, but to what extent he will be able to do work of similar nature cannot be ascertained. Further, he said that having regard to the profession in which Shaikh was engaged and nature of injuries, the loss of earning capacity cannot be said to be more than 41 percent as he can do any other suitable sitting job.
The labour court said about the employer and the insurance firms that both of them were informed and aware of the accident, however, neither has paid compensation to Shaikh. The applicant is entitled to 12 percent per annum interest on the compensation amount from the date of the accident, it said. It has also directed them to pay his medical expenses and Rs. 30,000 for removal of the leg implant. The court additionally directed the transport company to pay Rs. 10,000 as penalty for not making a provisional payment of compensation as required under law.