REHABILITATION PLANTATION LIMITED Vs. NAGAMMAL .C

JUDGEMENT

(1.) The Rehabilitation Plantation Limited, which is a Government of India Company, has filed this appeal impugning the order of the Court of the Employees Compensation Commissioner (Industrial Tribunal and Employees Insurance Court), Kollam, as per which, an amount of Rs.44,335/- has been awarded to the respondent herein, under the provisions of the Employees Compensation Act (hereinafter referred to as 'the Act' for short).

(2.) According to the appellant - Company, even though the factum of the accident and injury suffered and sustained by the respondent is admitted, the adjudication by the Compensation Commissioner as to her disability at 7% is without any basis. They allege that the Commissioner has arrived at this finding solely based on Ext.A6 certificate issued by a certain Dr.Manoj Kumar, but that this could not have been done because this document has been marked subject to proof. They contend that, therefore, the impugned judgment, which is allegedly based solely on Ext.A6 certificate deserves to be set aside by this Court and prays that this appeal be therefore, allowed.

(3.) I have heard Sri.Saji Varghese, learned counsel appearing for the appellant - Company and Sri.Thomas Abraham, learned counsel appearing for the respondent.