Himachal Pradesh High Court

FAO/482/2012 on 28 December 2012

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Whether reporters of local papers may be allowed to see the judgment? IN THE HIGH COURT OF HIMACHAL PRADESH,

SHIMLA.

FAO (ECA) No.482 of 2012.

Date of Decision: 28th December, 20012.

Shri Prem Lal son of Shri Lekh Ram, R/o VPO Balh Churani, Tehsil Ghumarwin, district Bilaspur, H.P.

….. Appellant/Claimant.

Versus

Senior Executive Engineer, Electrical Division, H.P..State Electricity Board, Sunder Nagar, District Mandi (H.P.)

…Respondent.

________________________________________________________________

Appeal under Section 30 of the Employees Compensation Act, 1923.

Coram

Hon’ble Mr. Justice Surinder Singh, J.

Whether approved for reporting1?

For the Appellant : Mr. Bhuvnesh Sharma, Advocate.

For the Respondent: Mr. Anil Kumar God, Advocate, vice

Mr. Trilok Jamwal, Advocate.

SURINDER SINGH, J (oral).

Heard.

2. The appellant sustained injuries during the course of employment of the respondent and suffered permanent disability to the extent of 35%. The learned Commissioner has also assessed the loss in the earning capacity to the extent of 35%. The petitioner at the relevant time was 49 years of age. His wages were High Court of H.P. 2012:HHC:12317 ::: Downloaded on - 04/11/2026 23:16:54 :::CIS

- 2 - Rs.4600/- per month as per the averments made in the petition.

3. After considering the entire matter, the permanent partial disablement at the age of 49, the relevant factor was rightly applied to the extent of 156.47. Therefore, the learned Commissioner rightly came to the conclusion that the appellant was entitled for the amount of Rs.1,51,150/-.

4. The appellant having felt aggrieved by the impugned order has challenged the award, on the ground that it is on the lower side, fixed arbitrarily on conjecture and surmises and the relevant parameters were not applied, to which, I fail to find out from the record. Since there is no substantial question of law arising in the matter, as such, the appeal fails and is accordingly dismissed in liminie, so also the pending application(s), if any.

(Surinder Singh) December 28, 2012.

Judge. (Pds)

High Court of H.P. 2012:HHC:12317 ::: Downloaded on - 04/11/2026 23:16:54 :::CIS

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