MAHAVIR SURGICAL INDUSTRIES Vs. SURENDRA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated February 12, 1981 of Commissioner for Workmen Compensation, Ratlam, whereby the respondent has been awarded a compensation of Rs. 11314. 22 Ps (Rs. 131472? ). for the loss of right index finger.

(2.) THE brief history of the case is that the respondent-workman filed an application before the Commissioner with the allegation that he was workman in the Industry of NA/appellant. He was taking out some cotton from the Machine and sustained injuries on the right thumb and right index finger and was treated in the hospital. He has lost his right index finger. He was earning Rs. 5/- per day. The NA (appellant here) has denied the contention of the workman and submitted that he was never in his employment He entered the machine room alongwith one Bihari without the permission of the Management and sustained injuries due to his own negligence. After hearing the parlies and taking the evidence the Commissioner has found that the workman was in the employment of NA/appellant and sustained injuries while working as such. The applicant-workman had served notice to the NA/ appellant. It has further been held that he was entitled for half wages from May 31, 1978 to July 9, 1988 and further he is entitled for Rs. 11314. 72 (11314. 22?) as compensation. The Commissioner has awarded the compensation as referred above. Hence, this appeal.

(3.) LEARNED Counsel for the appellant has submitted that the approach of Commissioner was not proper and he has failed to consider the material piece of evidence and has further failed to consider documentary evidence proviso to Section 30 of Workmen's Compensation Act reads as follows: