SHIVA MACHINE TOOLS Vs. SUNIL KUMAR YADAV

JUDGEMENT

(1.) This miscellaneous appeal is filed under Sec. 30 of the Employees' Compensation Act, 1923 against the award dtd. 11/5/2015 passed in Case No.117/WC Act/2011 (Non-fatal) by which learned Commissioner for Employees Compensation Act (Labour Court), Raipur has partly allowed the application of claimant and directed appellants to deposit compensation of Rs.4,43,385.00 together with interest @ 12% p.a.

(2.) Facts relevant for disposal of this appeal are that respondent herein was an employee of appellants and on 20/11/2009 while working on BTL machine, his left hand came under the machine and he suffered grievous injuries on his left palm. He took treatment, however, accidental injury suffered by him on left palm was not fully cured. He obtained disability certificate from Dr. Saify and thereafter filed an application under Sec. 22 of the Employees' Compensation Act, 1923 (for short 'the Act of 1923') seeking compensation of Rs.13,09,106.00. Application was replied and amount of compensation claimed was opposed by non-applicants/ appellants herein.

(3.) Parties to the proceeding before learned Commissioner, Workmen Compensation, led evidence on the pleadings made by them. After conclusion of trial, learned Commissioner passed the impugned award, awarding total compensation of Rs.4,43,385.00 along with interest @ 12% p.a. by recording a finding that income of the claimant on the date of accident was Rs.7,500.00 per month and further the claimant suffered loss of earning capacity to the extent of 50%. This award is under challenge in this appeal.