CANARA PUBLIC CONVEYANCE COMPANY LTD Vs. USMAN KHAN

JUDGEMENT

(1.) On 7 March, 1961 Usman Khan who is the respondent before us sustained injuries when he was driving a truck belonging to the Canara Public Conveyance Company, Ltd., which had employed him. It is undisputed that on account of a mechanical defect in the truck, one of its springs broke and caused the accident in which Usman Khan was involved. He was treated for his injuries in the Government Hospital at Chickmagalur between 7 and 11 March, 1961 when he was discharged. Thereafter he went to a medical practitioner in Puttur in the district of South Kanara and was under his treatment until 11 May, 1961. But eventually, notwithstanding all this treatment to which he was subjected, he lost completely the use of his right hand. It is in evidence that in consequence of the accident the third rib and the collar-bone were both fractured and that the bones which so broke never united.

(2.) As required by S. 10(1) of the Workmen's Compensation Act, Usman Khan gave notice of the accident to his employer in which there was also a demand for the payment of compensation. This was followed up by the issue of a demand made through a lawyer's notice issued on 3 June, 1961. But to that notice a reply was sent by the employer on 14 June, 1961 repudiating the claim to compensation. Eventually Usman Khan made a claim before the concerned Commissioner for Workmen's Compensation.

(3.) The Commissioner directed the payment of a sum of Rs. 3,360 as compensation on the ground that Usman Khan had suffered permanent total disablement and therefore became entitled to the sum of Rs. 3,360 specified in Col. (3) of Sch. IV to the Workmen's Compensation Act which will be referred to as the Act. The employer appeals.