AHMED ABDUL Vs. H K SEHGAL

JUDGEMENT

(1.) THIS is an appeal by a workman under the Workmen's Compensation Act. He was working as a carpenter with the respondent. While removing the centering etc. of a chaija it collapsed and fell on him and he was seriously injured. He was in hospital for seven months. The Doctor gave a certificate that the disability was 65%. The appellant claimed compensation under the Workmen' Compensation Act, 1923. He claimed a sum of Rs. 3,185/- relying on this certificate. The respondent denied that the injury was caused by reason of the employment and that he acted contrary to instructions. He also attributed his own negligence in the doing of the work and pleaded that he had paid in the aggregate a sum of Rs. 2850/- to the appellant.

(2.) THE learned Commissioner held that the accident arose out of and in the course of employment, that the respondent was liable and he had not proved that the amount of Rs. 2850/- was paid by him to the appellant. He held that the appellant fell within the wage group of Rs. 80-100 and on the basis of 65% permanent partial disablement awarded Rs. 2,730/- and Rs. 25/- as costs.

(3.) MR. Kamerkar has contended (1) that the learned Commissioner was in error in holding that the disability was 65% and awarding only an amount of Rs. 2730/- and (2) that penalty for delaying the payment should have been imposed.