KANIKRAM BRIJLAL Vs. GNYANDAS POTAN VARMA

JUDGEMENT

(1.) THE appellant original opponent has filed this appeal challenging the judgment and decree passed by the learned Additional Commissioner for workmen's compensation Bombay dated 21st December 1981 in Application (Workmen's compensation application) No.68/C-3 of 1978.

(2.) THE respondent/original applicant has filed application before the Commissioner for Workmen's compensation at Bombay on 2nd December 1977 on the ground that while working with the opponent in his factory on 27th June 1977 he had sustained injury in the accident while he was on duty and suffered serious injuries on the fingers. In the application, the applicant has stated as under: "The cause of the injury was that the applicant while in the employment of Shri Kanikram Brijlal Prop.Radheysham Wood Works, Dhabulkar Adda, Parel Tank Road, Bombay, on 27th June 1977 accidentally injured while at work and suffered serious injuries on the fingers. The workman was employed between wages Rs.200/300. The injured workman suffered the injury while feeding wood in the machine, his fingers phalanges amputated accidentally. The injured was admitted and treated at the K.E.M.Hospital, Parel, Bombay for the said injuries."

(3.) BEFORE the Additional Commissioner of the Workmen s Compensation, on behalf of the applicant, the evidence of Dr.Suresh Hanmantrao Dumale the Surgeon attached to K.E.M.Hospital was recorded as applicant witness no.1. In the evidence, he has brought the register of duplicate certificate. As per his evidence, the injured has taken the treatment as a out door patient and the O.P.D. papers remained with the patient. Dr.Rana attached to the said hospital had issued certificate in favour of the applicant on 8th November 1977 and Dr.Rana has assessed the permanent disability at 4.5 per cent. In cross examination, witness has admitted that he has no personal knowledge about the patient or the certificate and further that the certificate does not show any injury on the left hand. However, he has further admitted that the certificate does show the stiffness of left index finger while assessing the permanent partial disability.