MOTILAL Vs. THAKURDAS

JUDGEMENT

(1.) THIS is employer's appeal under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act') who has felt aggrieved by the award made by the Workmen's Compensation Commissioner, Etawah granting Rs. 16,128/- by way of compensation for the injuries caused to the respondent. The appellant has made two submissions : Firstly, it is urged that the accident had taken place on 17.8.1971 and the maximum compensation payable according to then prevailing Schedule IV of the Act was Rs. 8,4000/-. This amount was enhanced to Rs. 16,128/- only in 1976 by way of amendment. Secondly, it is urged that the respondent had suffered 50% loss of earning capacity according to medical certificate and was thus entitled to a proportionately lower amount.

(2.) FROM the facts detailed in the award it appears that the respondent was employed as a mistri in the dal and flour mill of the appellant on 17,8.1971 when he met with an accident causing injuries to both his wrists resulting in compound fractures and also a simple fracture of the femur bone. He put forward a claim before the concerned authorities for Rs. 8,400/- on the ground that due to the injuries caused to him there had been i00% loss of his earning capacity.

(3.) A faint effort was made to assail the findings that the respondent had sustained the injuries in question during the course of his employment. The appellant's liability to pay the compensation was also disputed. However, 1 find that the very nature of defence and the contents of the agreement entered into between the parties after the accident clearly go to establish that: respondent was in fact employed by the appellant and that he had suffered the injuries in an accident caused during the course of his employment. The findings of the Compensation Commissioner in the regard are confirmed.