DHANJIBHAI PITHABHAI MEWADA Vs. LAXMANBHAI P. SOLANKI

JUDGEMENT

(1.) The present appeal under section 30 of the Workmen's Compensation Act, 1923, (for short, 'the WC Act') is directed against the judgment and order dated 1st May 2010 passed by the Commissioner under the Workmen's Compensation Act, Junagadh in Workmen's Compensation (Non Fatal) Application No. 43 of 2004 whereby the application preferred by the appellants came to be dismissed.

(2.) The brief facts giving rise to the present appeal are as under:

(3.) The appellant was working as a labourer with the respondent who is engaged in the activity of builder and developer. On 1.2004 the appellant suffered injury in an accident while construction work was going on. He preferred Workmen's Compensation (Non Fatal) Application No.43 of 2004 in the Labour Court (Senior Division), Junagadh to claim compensation of Rs. 2 lakhs from the respondents for having suffered injuries and resultant disablement during the course of his employment. The Commissioner, by the impugned order dismissed the claim application on the ground that the appellant did not produce the disability certificate to establish on record that he had suffered partial or permanent disability as a result of the injuries suffered by him in the accident. The appellant being aggrieved by and dissatisfied with the impugned judgment and order has preferred the present appeal, which came to be admitted by this Court on 21.07.2011 for consideration of the following substantial question of law: