NABA KUMAR ROY Vs. SWAPAN KUMAR DHARA

JUDGEMENT

(1.) This appeal is directed against the judgment and/or award dated 5.8.2011 passed by the learned Commissioner, Workmen's Compensation (2nd Court), West Bengal in Claim Case No. 63 of 2005 at the instance of the employer. By the said award, the employer was directed to pay a sum of Rs. 2,13,494/- to the respondent injured as compensation together with interest @ 12% per annum from the expiry of one month from the date of accident till deposit.

(2.) While passing the said award, the learned Tribunal held that the claimant was an employee under the appellant and he, in course of his employment, suffered injury on his both eyes resulting total loss of vision. The learned Commissioner, by relying upon the Medical Certificate issued by the doctor, came to the conclusion that due to such accident he sustained 100% disability and as such it will be just and proper to assess the loss of his earning capacity as 100%.

(3.) Such findings of the Commissioner are under challenge in this appeal at the instance of the employer.