DINESH BHIMRAO THORAT Vs. ASHISH SHRIDHAR DESHMUKH

JUDGEMENT

(1.) Heard.

(2.) Before dealing with the controversy involved in the matter, it needs to be mentioned that copy of Insurance Policy bearing No.230381/31/14/02/00001011 placed on record was an incomplete document. The appellant and respondent no.2 were directed to produce complete policy document on record vide order dtd. 11/2/2025. The appellant produced complete document of Insurance Policy on record on 11/2/2025. The learned Advocate for respondent nos. 2 to 4 did not dispute the veracity of the said document.

(3.) The present appeal is preferred under Sec. 30 of the Employee's Compensation Act, 1923 ('the Act') challenging the judgment and order dtd. 20/6/2019 passed by the learned Commissioner under the Employees Compensation Act, Labour Court, Amravati in Application WCA(NF) No.07 of 2016. The appellant is the Original Claimant. The appellant was employed as a labour for unloading bags of Tur in the field of respondent no.1. The respondent no.1 is the owner of a Tractor bearing registration No.MH-27-L-1741. On the date of incident i.e. on 31/12/2015, the said Tractor was attached with a Trolley bearing registration No.MH-27-F-5545, which is owned by respondent no.3. The Tractor and Trolley were attached to each other. The Tractor was insured with the respondent no.2 and the Trolley was insured with respondent no.4. On 31/12/2015, while the appellant was loading bags of Tur in the Trolley, the panel of the Trolley opened all of a sudden, as consequence of which bags loaded in Trolley fell on the hand of the appellant and his hand got jammed between the Trolley and the bags. Due to the injury suffered, left hand of the appellant was required to be amputated. The appellant preferred the above compensation case under Sec. 22 of the Workmen's Compensation Act, 1923 in which the present respondents were arrayed as non-applicants.