SURESH Vs. ABDUL SALIM SHEIKH

JUDGEMENT

(1.) Being aggrieved by the award dated 14.11.2010 passed by Commissioner Workmen's Compensation. Labour Court, Indore in WCMF case No. 43/2008 whereby the claim petition filed by appellant for compensation on account of injuries was allowed and a sum of Rs. 1,52,489.00 was awarded as compensation along with interest @ 12% per. annum w.e.f. 2.7.2008, present appeal has been filed.

(2.) Short facts of the cast are that the appellant filed a claim petition under the Provisions of Workmen's Compensation Act, before the Labour Court alleging that appellant is a mason and was In the employment of respondent No. 1. It was alleged that appellant was getting Rs. 4000.00 per month. It was alleged that on 23.3.2008, when appellant was doing his job, at the relevant time, the wall fell down as a result of which the appellant sustained crush injuries in his right hand, he was hospitalized at Bhandari Hospital, Indore where his right hand was operated. It was alleged that since respondent No. 1 was insurer of respondent No. 2, therefore, compensation be awarded. Claim petition was contested by respondent No. 1. It was alleged that since respondent No. 1 insured, therefore, the responsibility comes to the respondent No. 2 for payment of compensation. Respondent No. 2 filed the reply wherein it was denied that respondent No. 2 is responsible for payment of compensation. It was alleged that no intimation of the Occident was given by the respondent No. 1. It was prayed that claim petitioner dismissed.

(3.) After framing of issues and recording of evidence, learned Court below allowed the claim petition assessing the income of the appellant as Rs. 4000.00 per month and awarded a sum of Rs. 1,52,489.00 along with interest @ 12% per annum w.e.f. 2.7.2008 after taking 60% wages as per act and after multiplying 30% permanent disability with the relevant factor against which present appeal has been filed.