JAGDISH PRASAD Vs. MANAGER MODI LANTERN WORKS

JUDGEMENT

(1.) This is a first appeal from the order of the Workmen's Compensation Commissioner, Meerut, rejecting the appellant's claim that he had lost his eye sight in the right eye permanently as a result of the accident which took place on the 4th April 1958.

(2.) The appellant was an employee in the Modi Lantern Works and was working as a pinion fixing man in the factory. On 4th April 1958 a pinion burst and a particle entered the right eye of the appellant and injured the same. He was taken to Dr. Dixit (D.W. 1) who took out the particle from his eye and certified him fit for work under certificate (Ext. D. 2) dated the 16th April 1958. The appellant lost the eye sight of his right eye completely and claimed compensation of Rs. 882/- on the basis of his monthly wages at the rate of Rs. 62.75. nP.

(3.) The opposite party admits that the appellant is a workman and also that he received the injury in an accident which arose during the course of his employment. It however alleges that the injury was a minor one and the loss of eye sight was due to a disease from which the appellant was already suffering. Further, that the wages of the appellant were only Rs. 55/- per mensem and not Rs. 62.75 nP. and that he was entitled to Rs. 5/- only for the period of temporary disablement of ten days.