HANAMANT Vs. RAMA

JUDGEMENT

(1.) Heard the learned counsel for both sides.

(2.) The claimant and insurer are in appeal before this Court. The parties are referred to by their nomenclature before the Commissioner for Workmen's Compensation for the sake of brevity.

(3.) The case of the claimant is that, on 4.12.2007, they were working as employees of 1st respondent doing agricultural work and that on the fateful day, the claimant along with other labourers was trying to unload the manure and in that process, rod of the tractor fell on his leg and that he suffered injury to the left tibia and fibula. On account of which, he sustained a cut lacerated wound measuring 2x3 cm, left tibia and fracture of left tibia and fibula with chronic osteomyletis and other grievous injuries and that he was hospitalised from 4.12.2007 to 19.3.2008. On 15.12.2007, a rod has been implanted. In spite of several requests made by the claimant, 1st respondent/employer failed to compensate for the injuries sustained by him during the course of employment. Hence, he got issued a legal notice which was replied by the 1st respondent. On these contentions, he had preferred a petition before the Labour Officer and Commissioner for Workmen's Compensation(for brevity, 'the Commissioner'), which came to be registered as LOB/WC/SR/69/2008. Upon notice, respondent No.1/employer did not enter appearance and remained exparte. On 16.09.2008, respondent No.2/insurer entered appearance through its counsel and filed a detailed objection statement. With the above pleadings, the Commissioner framed 2 issues. The 1st issue relates to the determination of the fact as to whether he is an employee and 2nd issue relates to the determination of the fact as to whether the accident occurred in the course of employment On both issues, the Commissioner has rendered a finding in favour of the claimant. It is seen that thereafter, while calculating the compensation, the Commissioner had assessed the disability at 30% and after taking the notional income at Rs.3,600/-, has been pleased to award the compensation of Rs.1,34,771/- with 12% per annum with the period commencing after the passage of 30 days from the date of accident.