KAMARHATTY CO Vs. ABDUL SAMAD

JUDGEMENT

(1.) This is a revision praying that an order of the learned Commissioner for Workmen's Compensation granting the opposite party compensation to the amount of Rs. 283-8-0 together with Rs. 10 costs be set aside.

(2.) The opposite party Abdul Samad claimed a sum of Rs. 882 as compensation from the petitioners, the Kamarhatty Jute Mills Co. Ltd., who were his employers. He alleged that sometime in the month of March 1925 he sustained an accident whilst on duty in the engine department of the petitioners' factory and as a result received personal injuries which resulted in a loss of capacity for work. The accident was concerned with some machinery in the factory and the opposite party's right hand, it is said, was caught in this machinery and the thumb and index finger damaged. Eventually, it is said, the first phalanx of the thumb and half the index finger were removed by amputation.

(3.) No claim for compensation was made in this case until 3-8-1950 over twenty-five years after the alleged accident. It was stressed on behalf of the petitioners that the applicant opposite party actually left their service on 1-1- 1943, due apparently to the fear of bombing by the Japanese, later he rejoined and resigned his service on 24-3-1950 and as I have stated made his claim on 3-8-1950.