NAMDEO UKHARDU PATIL Vs. BHARAT JANARDHAN PATIL

JUDGEMENT

(1.) This appeal is directed against the judgment and order passed by the Commissioner for Workmen's Compensation, Labour Court, jalgaon in Application (WCA) No. 13 of 1995 dated 6th April, 1999. The present appellant was opponent No. 1 in the said application and respondent No. 1 in this appeal was the original applicant. The respondent No. 2 Bhaskar Patil was opponent No. 2 in Application (WCA) No. 13 of 1995. The parties hereinafter shall be referred to their original status in the application.

(2.) Background facts, necessary for consideration of this appeal, are as follows :

(3.) Mr. S. A. Dengale learned counsel for the appellant took me through the judgment of the trial Court, record and proceedings and evidence lead on behalf of the parties. He submits that the applicant was not employed by the Opponent no. 1 on the date of accident, dated 20th February, 1992. The Opponent No. 2 i. e. the driver of the Opponent No. 1, has been acquitted by the learned Judicial magistrate, First Class in the criminal case filed against him regarding the accident in question. He has also invited my attention to the statement made by the Opponent No. 1 in his evidence that an amount of Rs. 6,000/- was incurred by way of expenses by the Opponent No. 1 for treatment to the applicant. Opponent no. 1 also donated his blood. The medical certificate, which is on record, is a xerox copy. The applicant has not sustained permanent disablement to the tune of 40%.