BHAGWAT MANDASH SADU Vs. A.K. ENTERPRISES

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 25 th August, 2010 passed by the Commissioner for Workmen Compensation by which the application was partly allowed, directing the respondent no.1 to pay compensation of Rs.2,68,800.00 along with simple interest @ 12% per annum from 3 rd April, 2005 till its realization. However, the Court below dismissed the claim against the respondent no.2 insurer.

(2.) I heard Mr. Mendon, learned Counsel for the appellant at length. The only short issue which needs determination in this appeal is as to whether the learned Commissioner has rightly refused to place reliance on a photostat copy of the insurance certificate Article "D", thereby observing that since the original document has not been produced either by the applicant or by the insurer, no liability can be fasten on the applicant along with the respondent no.1? The answer is in the affirmative for the reasons to follow.

(3.) It is an undisputed fact that the applicant was working as a labourer with the respondent no.1 in its construction company, who met with an accident on 3/3/2005 as he fell down from the 7th floor within the jurisdiction of Sakinaka Police Station and sustained serious injuries i.e. L radial N. Palsy f/w and fracture SC femur and head injury and other multiple serious injuries. Ultimately he was admitted in LTMG Hospital, Sion and was discharged on 22/3/2005.