P P L FACTORY Vs. MANGI LAL

JUDGEMENT

(1.) The appellant P.P.L. Factory, Raukhedi, Tab. Sanwer, District Indore (hereinafter referred to as P.P.L. Factory for convenience) is hereby assailing the correctness, propriety and legality of the award passed by Commissioner, Workmen's Compensation, in Case No. 65/WC-NCF/93 dated 5.12.1997, whereby the appellant has been directed to pay compensation of Rs. 47,142 with penalty of Rs. 23,571 to the respondent with interest at the rate of 6 per cent per annum along with the cost of litigation Rs. 200.

(2.) On 12.3.92 at about 3.30 p.m., there was ammonia gas leakage in P.P.L. Factory. The respondent alleged in the claim petition that he was working in the said factory at that time as workman employed by P.P.L. Factory. He alleged that on account of said leakage of ammonia gas his eyes and lungs were damaged with the result that he became blind by left eye and he was unable to see the things properly by right eye. According to the case of the respondent, after the said accident in the factory he was taken to Geeta Bhawan Hospital by the present appellant's officers and he was medically treated there. The respondent has alleged that he was getting wages to the tune of Rs. 850 per month and at the time of said accident his age was 22 years.

(3.) The appellant has denied the incident of such accident and submitted that respondent has not suffered any damage to his eyes as mentioned by him. Appellant has denied any such damage to the respondent's lungs also. The appellant averred that respondent was admitted by the officers of the P.P.L. Factory, immediately in Geeta Bhavan Hospital where medical treatment was given to him and for that the appellant spent Rs. 6,900. It was averred by the appellant that in the said hospital an operation was performed on the respondent in context with cataract and thereafter, he was taken to Dr. Vasundhara Kalewa and Dr. R.P. Dhanda on 7.7.92. He denied that eyes of respondent were damaged on account of such leakage of ammonia gas. It averred that respondent used to get Rs. 775 per month as wages. It is also averred that the respondent has received Rs. 7,956 between 2.4.1992 and 2.6.1992.