RAM DAL MILLS Vs. RAMA

JUDGEMENT

(1.) THE appellant has filed this appeal under Section 30 of the Workmen Compensation Act, against the award dated 7-6-2002, passed by the Commissioner, Workmen Compensation, Indore, in W. C. Case No. 10/93 NF, granting compensation to the claimant/respondent, to the tune of Rs. 39,846/- with interest @ 6% p. a. from the date of accident till payment. The learned Commissioner has also imposed penalty @ 25% of the compensation. Respondent also filed cross-objection.

(2.) BRIEF facts of the case are that respondent Rama was working as a daily wages labourer in the appellant's Dal Mill. He was engaged for polishing pulses. On 12-11-92, during his duty hours, when he was putting the pulses in the machine, his hand was crushed by the machine, as a result of which he received injury in the hand. Thereafter, he was referred to the hospital and the matter was also reported to the police and FIR was lodged. He was getting Rs. 30/- per day as wages. The claim was contested and witnesses were examined. After appreciating the evidence on record the learned Commissioner accepted the medical evidence and has held that the claimant suffered 40% disability in the hand and after applying formula prescribed in the Act, worked out a total compensation of Rs. 39,846/- with interest and penalty, against which the owner of the Mill has filed this appeal.

(3.) I have heard Shri Pankaj Bagdiya for the appellants and Shri Ahirwar for the respondent and perused the record.