VUDATA MASTANA RAO Vs. CHAITANAYA INDUSTRIES

JUDGEMENT

(1.) The applicant in W.C. No. 93 of 2002 preferred this appeal against the order dated 20.1.2005 passed by the court of Commissioner for Workmen's Compensation and Assistant Commissioner of Labour-I, Guntur, whereby and where-under the application seeking compensation of Rs. 1,50,000 for having suffered injuries in an accidental fall during and in the course of employment was dismissed. The brief facts of the case are that the appellant-applicant worked as mutta cooli of OP 1 (tobacco bales of OP 1). OP 1 got insured its workmen for the injuries, death, etc. likely to be suffered during and in the course of their employment with OP 1. The applicant was injured by fall while carrying tobacco bales during the course of his employment. He suffered injury to his hip region and back due to which he was unable to work. Therefore, he filed application before the lower authority claiming compensation of Rs. 1,50,000. That he was aged about 30 years at the time of the accident i.e., on 18.8.2000.

(2.) That applicant got himself examined as AW 1 and he has reiterated the contents of his claim application during the course of examination. He also examined the doctor, AW 2, who treated him for the injuries suffered in the alleged accident. Medical witness testifies that appellant-applicant had suffered injuries as stated in medical certificates, Exhs. A5, A6 and A7. As per the said exhibits, appellant-applicant had suffered disc prolapse at lumbar level due to which his lower limbs were affected. That he was operated therefor on 22.8.2000. The evidence of medical witness, AW 2, is to the effect that due to injuries, the appellant-applicant was unable to do manual work.

(3.) Taking into consideration the facts of the case as well as the evidence of RWs 1 and 2, the lower authority had dismissed the claim application.