DEPUTY EXECUTIVE ENGINEER Vs. KHIMA LAKHA RABARI

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the judgment and award dated 01.08.2005 passed by the learned Commissioner, Workmen's Compensation Act, Bhuj Kachchh in Workman Compensation (N.F.) No.134 of 1996 (Old Nos.54 of 1990 and 217 of 1993), the appellant employer has filed the present appeal.

(2.) The short facts of the present appeal are that, The respondent no.1 employee was working with the appellant herein for the monthly pay of Rs. 750/- and on 01.10.1989, when the respondent no.1 was performing his duty and while functioning the filter plant, the respondent no.1 slipped in the machine and he sustained spinal injury, resulted into paralysis of his left leg and accordingly, filed the Claim Petition before the learned Commissioner and the learned Commissioner after appreciating the evidence on record partly allowed the same by awarding Rs. 83,013/- along with the interest @ 9% and penalty of Rs. 500/- and cost of Rs. 700/- to the respondent no.1.

(3.) I have heard Ms.Anar Parikh, learned advocate for Mr.R.C.Jani, learned advocate for the appellant and Mr.Vishal Mehta, learned advocate for Mr.Mehul S. Shah, learned advocate for the respondent no.1 and Ms.Megha Chitaliya, learned AGP for the respondent no.2.