MAHAVEER CONSTRUCTION COMPANY THROUGH ITS PROPRIETOR SHANTI LAL BOHRA, SON OF LATE SHRI PUKHRAJ BOHRA, AGED ABOUT 47 YEARS, RESIDENT OF MAIN ROAD DONGARGAON/ H.O. VARDHMAN NAGAR, RAJNANDGAON, CHHATTISGARH Vs. ISRAR KHAN (AHMAD), SON OF KHIJAR AHMAD, AGED ABOUT 37 YEARS, RESIDENT OF VILLAGE KARETHI, P.S. AND TAHSIL DONGARGAON, DISTRICT RAJNANDGAON, CHHATTISGARH

JUDGEMENT

(1.) Both the appeals are being disposed of by a common judgment.

(2.) The admitted facts of the case are that Claimant Israr Khan was employed with Appellant Mahaveer Construction Company. He met with an accident during the course of employment and suffered injuries on left hand. Dr. Y.K. Tiwari was examined who also proved the disability certificate and in this certificate the disability of the workman/Claimant was assessed at 40%. Compensation was assessed accordingly and the Claimant was held entitled to Rs. 1,41,883.00 as compensation for the injuries suffered. In addition thereto, the Commissioner for Workmen's Compensation awarded Rs. 56,753.00 as penalty under Sec. 4A of the Workmen's Compensation Act, 1923 (now Employees' Compensation Act, 1923) (henceforth 'the Act'). Appeals have been filed by both the employer and the employee/Claimant.

(3.) The employer has raised two issues, firstly that the disability was only to two fingers of the one of the hands and at best the disability to be assessed at 20%. The second argument of Shri Malay Kumar Bhaduri, Learned Counsel for the employer is that the penalty has been imposed without issuing any notice and, therefore, the award of penalty is illegal.