DURGA STEEL Vs. RAJESH KUMAR

JUDGEMENT

(1.) The present appeal is directed against the Order dated 19th August, 1996 passed by Shri Shiv Lal Singh, Commissioner Workman's Compensation.

(2.) The brief facts of the case are that the respondent was employed with M/s Durga Steel, appellant herein as a machineman on a monthly salary of Rs.900.00 . On 17th August, 1992 while he was on duty he sustained injury in his right leg and his leg is completely paralysed and thereby he lost his 100% earning capacity. He is unable to walk or uplift the load and is also unable to do the same work on machine by standing. The respondent was aged about 22 years. He was admitted to ESI Hospital and then he was shifted to Irwin Hospital (Lok Nayak Jai Prakash Narain Hospital). He sent demand notice to the Management but no amount has been paid as compensation. The appellant Management failed to appear before the Commissioner and they were proceeded against ex-parte on 23rd December, 1993 which order was set aside on 18th May, 1994 and the appellant was permitted to file written statement. The following issues were framed on the pleadings of the parties:- 1. Whether the claim is not maintainable in view of the preliminary objections? 2. Whether the workman is covered under ESIC or not? 3. What amount of compensation the workman is entitled? 4. Relief.

(3.) The respondent workman was partly cross-examined on 31st May, 1995 but the Management was not again represented and as a consequence was proceeded ex-parte on 16th October, 1995.