SARASWATI DALL MILL Vs. PRASHANT SHASHIKANT PATIDAR

JUDGEMENT

(1.) This appeal under Section 30 of the Workmen's Compensation Act (for short, WC Act) has been filed by the employer against an order dated 18.01.2010 passed by Commissioner of Workmen Compensation, Khandwa in Case No. 42/2009/WCNF holding that the disability sustained by the respondent/workman is 100%.

(2.) The facts necessary for the disposal of this case lie in a narrow compass. Suffice it to say that respondent was an employee under the employment of the appellant and was discharging the work of "Fitter" for the last 13 years from the date of accident, i.e. 23.2.2009. The workman sustained injuries in an accident arising out of and during the course of employment since his right leg wringled with in the belt of a machine as a result of which he became seriously injured and also sustained injuries in his right hand. During course of his treatment, his left leg was amputated below the knee and fracture was also found in his right hand. Hence, the workman submitted an application under Section 10 of the WC Act for obtaining compensation praying that he has become 100% disabled.

(3.) The application filed by the workman under Section 10 of the WC Act was contested by the appellants by filing written reply. The Commissioner under the WC Act framed necessary issues and after recording the evidence of the parties came to hold that the workman has sustained 100% disability and thus passed an order of compensation to the tune of Rs. 3,98,076/- without imposing any interest and penalty.