BANNE SINGH Vs. PROPRIETOR AMBAR HAWAI CHHAPPAL

JUDGEMENT

(1.) APPELLANT is challenging the dismissal of his application by the Commissioner Workmen's Compensation (Labour Court Indore) on December 9, 1996 in claim case No. 57/92, by filing this appeal under Section 30 of Workmen's Compensation Act. In short the facts are these:

(2.) APPELLANT filed an application before the Commissioner, Workmen's Compensation, alleging inter alia that on June 27, 1991 while he was working with the respondent No. 1 in his factory he suffered an injury in his right hand. It was alleged that the accident occurred when he was working on one automatic mixing machine. It was further alleged that accident occurred during the course of the employment and it also arose out of the employment. It was further alleged that appellant (claimant) was drawing a sum of Rs. . . . . . . . per month from the respondent No. 1 and that he was hardly aged 25 years. It was further alleged that as a result of the accident, the appellant (claimant) suffered extensive injuries in his right hand which got fractured and in particular his fingers resulting into tremendous loss and disability that occurred in his right hand. It was then alleged that he was required to undergo medical treatment which he did take by going to various hospitals and spent money. He, therefore, claimed compensation for the loss/damage towards sustaining of an injury and the disability that occurred in his right hand.

(3.) IN support of the claim petition, the claimant (appellant) filed various documents such as medical papers, expenses incurred towards medical, various medical reports recognising the injuries sustained, X-ray reports, etc. It was also alleged that claimant (appellant) is entitled to claim damages from both the non- applicants who are his employer and Insurance Company with whom there was an insurance in case of such eventuality that occurs.