AKHILESH JAIN Vs. VINOD KUMAR CHADHAR

JUDGEMENT

(1.) Both the appeals filed by the employer and employee arise out of the award dated 26-4-2010 passed by the Commissioner for Workmen's Compensation, Labour Court, Jabalpur in Case No. 266/W.C. Act Non-fatal/03. By the impugned award the competent authority has awarded compensation of Rs. 97424.00 along with annual interest at the rate of 7'% p.a. from the date of filing of the claim application, i.e. 3-9-2003 under the provisions of the Employee's Compensation Act, 1923 [hereinafter referred to as 'the Act']. The employer is aggrieved with the compensation awarded in favour of the employee whereas another appeal has been filed by the workman for enhancement of the amount of compensation. Since both the appeals arise out of the same award, they were heard analogously and are disposed of by this common order.

(2.) For the sake of clarity and convenience, the facts adumbrated in the appeal filed by the employer in M.A. No. 2742/2010 are taken. The instant appeal has been admitted on the following substantial question of law by this Court on 12-8-2010:

(3.) Before adverting to the legal position of the provisions of the Act, the facts succinctly stated are that the workman-Vinod Kumar filed an application under the Act claiming compensation due to injury received by him during course of employment. It is stated that he was working as a labour in the threshing machine. On 18-02-2002 his left hand had entered into the machine and he sustained grievous injuries and he was admitted in the hospital for treatment. According to him, though his hand was operated, but still the injury could not be cured. In support of his claim he produced the certificate issued by the District Medical Board, Jabalpur before the Labour Court, where the Medical Board has certified 40% physical disability arising out of the said accident in course of employment of the workman.