BAZPUR CO-OPERATIVE SUGAR FACTORY LTD Vs. COMMISSIONER

JUDGEMENT

(1.) THIS first appeal from order under Section 30 of the Workmen Compensation Act has been filed by the employer/defendant - M/s Bazpur Co -operative Sugar Factory Ltd. against the order dated 15.02.1996 passed by the Commissioner under the Compensation Act, 1923 in Suit No. 7 of 1994 Shri Shyam Sunder Vs M/s Bazpur Co -operative Sugar Factory Ltd.

(2.) BRIEF facts of the case are that the opposite party No. 2 - Shri Shyam Sunder filed a suit for compensation against the employer - M/s Bazpur Co -operative Sugar Factory Ltd. through its General Manager on the ground that the claimant was working as an electrician under the employment of M/s Bazpur Co -operative Sugar Factory Ltd. and during discharge of his duty on 15.05.1992 when he was climbing on an electric pole, he fell down on the earth on account of the reason that the pole had broken and the femur bone of his left leg sustained multiple fracture. The employee was working under the instruction of the employer at the time of the accident. On account of the injuries sustained by the employee he had to remain in the different hospitals for six months and his left leg was shortened by 2 inches. The claimant was 52 years of age and was earning an amount of Rs. 2,500/ - per month. The claimant has thus claimed for a compensation of Rs. 61,236/ - along with interest @ 6% per annum.

(3.) AFTER the institution of the suit, the summon were issued to the employer who filed his written statement denying the pleadings of the claimants. It has also been pleaded that the claimant had already paid an amount of Rs. 13,402/ - and he has also been receiving the monthly wages, therefore, he is not entitled to get any compensation.