BHARAT SINGH Vs. PLUTON CEMENT PVT LTD

JUDGEMENT

(1.) THESE two appeals arise against the same judgment and award by the Commissioner for Workmen's Compensation, Indore, who was pleased to award an amount of Rs. 20,097. Both the employer and employee have preferred the aforesaid appeals-Misc. Appeal No. 387 of 1996 is by the employee Bharat Singh whereas Misc. Appeal No. 165 of 1997 is by the employer Pluton Cement Pvt. Ltd.

(2.) THE short facts giving rise to these appeals are that the employee Bharat Singh was working with the employer Pluton Cement Pvt. Ltd. His salary at the time of accident was Rs. 600 per month. The accident took place on 27. 3. 1988. The employee lost two phalanges of the index finger and middle finger was injured. His age was 28 years. The employee gave notice to the employer of the accident. In reply employer asked the employee to get himself examined by a qualified medical practitioner but he did not do so. He was already examined by a qualified medical practitioner. After taking evidence, the Commissioner was pleased to hold that the employee had sustained 32 per cent disability in his left hand.

(3.) MR. S. Patwa, counsel for the appellant employee in Appeal No. 387 of 1996 and Mr. D. M. Kulkarni, counsel for the appellant in Appeal No. 165 of 1997 for the employer and both the learned Counsel appeared vis-a-vis. Since the appeal of the employee was already admitted and both the parties were appearing and since the delay was required to be condoned both the counsel felt that the matter could be decided then and there, therefore, at their request and consent the appeals were heard on 14. 3. 1997 itself.