MOHD REFIQ MOHIUDDIN Vs. S NARASIMHA

JUDGEMENT

(1.) This appeal is filed by the opposite party in W.C. No. 2 of 1994 on the file of Commissioner for Workmen's Compensation, Hyderabad.

(2.) The appellant No. 1 is the contractor and appellant No. 2 is the Mutawalli in- charge of Darga Rajul Qualtal, Misrigunj, Hyderabad. Respondent No. 1 herein is the workman who is the applicant in W.C. No. 2 of 1994. Aggrieved by the compensation granted to the workman in the said W.C., the present appeal is filed.

(3.) The brief facts of the case are that the respondent No. 1 workman was working under the appellant No. 1 for the past several years. On 26.8.1993, he was working in the premises of the appellant No. 2 Darga as per the directions of the appellant No. 1. The appellant No. 1 directed the respondent No. 1 workman to blast stones in the premises of the appellant No. 2 Darga. As per the directions of appellant Nos. 1 and 2, while the workman respondent No. 1 was blasting the stones, the accident took place. After making arrangements for blasting the stones, the respondent No. 1 workman had left the place of site for his lunch. On his return, the appellant No. 1 came to the site, informed the respondent No. 1 workman that blasting did not take place properly. Thereafter, at the direction of appellant Nos. 1 and 2, the respondent No. 1 workman approached the blasting spot to check up whether any blasting has taken place or not. In the course of such checking, blasting took place and the respondent No. 1 workman sustained injuries. He was shifted to the Osmania General Hospital, Hyderabad, and for twenty days he was in the hospital. In the surgery conducted on the respondent No. 1 workman, three fingers of his right hand were removed. Police registered a case in Cr. No. 55 of 1993 under section 337, Indian Penal Code against the appellants. The respondent No. 1 workman filed an application for compensation under the Workmen's Compensation Act on the ground that because of the injuries sustained by him he suffered permanent disability, and he claimed compensation of Rs. 1,00,000.