BENGAL COAL CO LTD Vs. SEW PUJAN HARIJAN

JUDGEMENT

(1.) This appeal is directed against the judgment and order of the Commissioner, Workmen's Compensation Court, directing the appellant to pay Rs. 1,120/- less Rs. 7/- on account of the compensation for the loss in earning capacity for the injury suffered by the respondent.

(2.) The respondent's case before the Commissioner was that he sustained injuries in both hands and back on 4-2-67 as a result of accident arising out of and in course of his employment under the appellant. The respondent also stated that he was in the wage group of Rs. 200/- to Rs. 300/-. At first the respondent claimed half monthly payment of Rs. 60/- from 5th Feb., 1967 till recovery and assessment of permanent disability. Thereafter, the respondent made an application for amendment and conversion of his claim to Rs. 1,680/-, that is, at the rate of 50% of loss in earning capacity less Rs. 180/- already paid to him. Such amendment was allowed by the Commissioner.

(3.) The appellant contested the appellant's (applicant's ) claim filing a written statement and an additional written statement in which the alleged accident and the injury to the right index and middle fingers were admitted. It was, however, stated that he belonged to the wage group of Rs. 150/- to Rs. 200/- and that he did not sustain permanent partial disability or loss in earning capacity as a result of the accident and that he was paid only Rs. 7/- towards the compensation for temporary disablements Following issues were framed by the Commissioner for adjudication :