J C MILLS Vs. DESHRAJ SINGH BACHCHUSINGH

JUDGEMENT

(1.) THE short facts leading to this appeal are that Deshraj Singh was employed by the J. C. Mills Ltd. , that on 4-1-56, while he was working in the Mills, a shuttle flew from the loom and struck him in the left eye. He applied on 26-4-56 for compensation under the Workmen's Compensation Act. The claim was resisted by the Mills on the ground that the workman already suffered from old corneal opacity in the left eye, which made him blind and that the injury by the shuttle did not cause the loss of sight, which was already impaired.

(2.) THE Commissioner for Workmen's Compensation Mr. Srikishandas Shah held that the workman, was not blind before the accident and awarded Rs. 1470/- as compensation together with costs. Aggrieved by the order, the Mills has filed this appeal under Section 30 (a) of Workmen's Compensation Act of 1923.

(3.) THE points urged by the appellant are two; first, that in the instant case there is no permanent partial disablement as described in Section 2 (g) of the Workmen's Compensation Act of 1923 (hereinafter referred to as "the Act" ). Two, that in calculating the wages according to Section 5a of the Act, the Commissioner has added the wages for the period of leave to which he was entitled after working for one year.