MAHARASHTRA SUGAR MILLS LTD Vs. ASHRU JAIWANT TRIBHUVAN

JUDGEMENT

(1.) THESE are two appeals under the Workman's compensation Act by the employees.

(2.) THE point involved in of some importances, and that is why these matters were referred to a Bench. The facts in the first Appeal No, 297 of 1964 are that the respondents Ashru was employed by the Appellants Sugar Mills as a labourer. An accident occurred on 25th September 1962 in the course of the Respondents employment. As a result of this accident, the Respondents suffered a simple fracture of the right and left calcaneum bones of the feet. This injury and even after recovery, made him practically unfit to do the work which he was accustomed to do. He, therefore made an application for compensation under the Workman's compensation act in respect of this injury. The civil surgeon who examined him on the 8th May 1963 issued a certificate where he has described the injuries as simple fractures of right and left calcaneum, and Doctor gave evidence to suggest that the disability was a permanent partial disability only to the extent of 10 per cent. The learned commissioners held that the disability was 90 per cent and awarded compensation on that basis.

(3.) THE facts in First Appeal No. 298 of 1964 are that the respondents, Sonawane, was employed by the Mills, also as labourer. The accident occurred on 5th November 1962. He suffered injuries in the course of the employment as a result of which both the middle and index as fingers of his left hand are rendered useless even though some stubs are left. The percentage of the disablement of is 18. The learned commissioners ordered compensation accordingly.