Authority: High Court of Himachal Pradesh at Shimla
Order Date: 16 July 2026
Case Overview
- Parties: Appellant M/s Saichem Pharma (employer) vs Respondents: the estate of the late Devinder Kumar, represented by legal heirs.
- The dispute arose under Section 30 of the Employee's Compensation Act, 1923 concerning an award dated 03‑06‑2013 by the Commissioner, Employee's Compensation, Solan, which ordered the employer to pay Rs 78,650 compensation with interest at 12 % per annum from 23‑Nov‑2008.
- Facts: On 23‑Oct‑2008, while operating a multi‑machine, the petitioner’s right hand contacted the grinder blade, resulting in amputation of four fingers. He was aged 26, earned Rs 3,000 per month, and was the sole breadwinner for his wife and two sons. He was hospitalized at Sanjivani Hospital, Solan from 23‑Oct‑2008 to 25‑Oct‑2008.
- The employer admitted employment and salary but denied negligence, the occurrence of permanent disability, and the extent of injury.
- The Commissioner, after hearing, held the employer liable and awarded the compensation amount above, accepting a disability assessment of 10 % and an age of 24 years for the petitioner.
- The appellant appealed, raising four substantial questions of law: (1) mis‑appreciation of evidence, (2) disability percentage (10 % vs 5 %), (3) petitioner’s age (24 vs 26), and (4) alleged concealment of facts.
Final Outcome
- The Bench, presided by Justice Sushil Kukreja, found the disability certificate confirming 10 % permanent disability to be correct and accepted the petitioner’s age as 26 years, which changes the Schedule IV factor from 218.47 to 215.28.
- Accordingly, the original award is modified: compensation is reduced to Rs 77,500 (down from Rs 78,650). The interest component at 12 % per annum from 23‑Nov‑2008 remains unchanged, and all other terms of the award are upheld.
- The appeal is partly allowed; the case is disposed of with no further pending applications.
Topics: Employee Compensation, Court Judgment