- (1.) By way of this appeal, the workman/ appellant has challenged the judgment dated July 31, 2006 passed by Commissioner under the Workmen's Compensation Act, 1923, Circle-III, Gurgaon (for short 'the Commissioner'), whereby, amount of Rs. 47,294/- as compensation along with interest of Rs. 10,247/- was awarded, on account of sustaining injuries on May 11, 2004, during the course of employment. While pressing for enhancement in the amount of compensation, the solitary submission of the counsel for the appellant is that the amount of compensation should have been assessed taking into consideration that the appellant has become physically disabled to the extent of 20% and not 10%, as assessed by the Commissioner. In support of his contention, he has relied upon disability certificate (Exhibit A-3) issued by the Medical Board.
(2.) The submission has substance and is accepted. Perusal of impugned judgment reveals that the appellant has produced on record the disability certificate (Exhibit A-3), wherein, the Board of Doctors (Medical Board) assessed his disability to the extent of 20%.
(3.) In view of above and applying the formula given in Section 4 of the Workmen's Compensation Act, 1923, the compensation would be (4000 x 197.06 x 60/100 x 20/100) Rs. 94588.80 Paise. For convenience, the figure is rounded off to Rs. 95,000/- , that is Rs. 47706/- (Rs. 95,000 - 47294) over and above the compensation (Rs. 47,294/- ) awarded by the Commissioner.;