NIKHIL GHANSHYAMBHAI MEHTA Vs. DALAL ASFAK AMINBHAI

JUDGEMENT

(1.) BEING aggrieved by the award dated 3.7.2001 passed by the Commissioner under the Workmen's Compensation Act, Ahmedabad in Workmen's Compensation Application No.123 of 1997 directing the appellants to pay Rs. 81,000/- to the respondent workman towards compensation with penalty of Rs. 40,500/- with 6% interest, the present appeal has been filed under section 30 of the Workmen's Compensation Act, 1930.

(2.) THE facts of the case in brief are that the respondent was a permanent workman of Dipak Automobiles He joined the said company through appellant No.2, a contractor. The respondent was getting monthly salary of Rs. 1500/-. It is the case of the respondent workman that on 22.3.1997 at 12.30 p.m. while he was doing the blacksmith work, small stone had fallen in his left eye resulting into serious injury in his left eye. He was taken to Eye specialist in Civil Hospital where he had undergone treatment from 24.3.1997 to 5.4.1997. He has lost vision of left eye and he was given certificate of 40% disability to the respondent-workman. The respondent had filed W.C. Application No.123 of 1997 before the Workmen's Compensation Commissioner, Ahmedabad. Since the compensation is not paid in spite of notice dated 17.6.1997, the present application was filed claiming compensation of Rs. 81,000/- towards accidental injury suffered by him during the course of his employment. The Workmen's Compensation Commissioner has passed the impugned award directing the appellants to pay compensation of Rs. 81,000/- along with 50% penalty and interest @ 6% p.a. This order is challenged in this Appeal.

(3.) PRIMA facie, the above submissions appear to be very and convincing and innocent but if the conduct of the appellants is observed/considered, it is very clear that with a view to prolong this matter, a calculative move has been made by the appellants and that, in my view, it is high time to identify such conduct and without showing any leniency or mercy the said practice should be deprecated by all concerned.