COMMISSIONERS FOR PORT OF CALCUTTA Vs. PRAYAG RAM

JUDGEMENT

(1.) This is an appeal against an order of the Commissioner Workmen's Compensation, West Bengal dated 21st August, 1963 whereby he has ordered a sum of Rs. 840 to be paid to the workman concerned by way of compensation. The facts are shortly as follows: The workman Prayag Ram was employed by a contractor working under the Commissioners for the Port of Calcutta, us a porter No. 2, Calcutta jetty belonging to the said Commissioners. On the 27th day of November, 1962 in course of his employment, a bundle of paper fell on the left foot of the workman, causing injuries. The workman made an application for compensation on 8th of April, 1963. The employer took a number of objections, namely, that the application is barred by limitation, that the accident did not arise in course of employment etc. We are not however concerned in this case with any such objections because there is only one objection that has been placed before us which will be presently mentioned. At the hearing before the Commissioner, the only evidence adduced was oi two doctors, one on each side. On behalf of the workman, Dr. S.K. Neogy gave evidence. Previous to his examination before the said tribunal, Dr. Neogy had given a medical certificate dated 21st August 1963 a copy whereof is at pages 2.5-26 of the paper book. At the examination before the tribunal he merely proved this certificate which is marked as Ext. 1 but he did not state that the statements contained therein were true or correct. We should, therefore, go by his deposition given before the tribunal. This evidence is to be found at pages 15-16 of the paper book. He states that there was:

(2.) On behalf of the employer, Dr. R. Choudhury was examined. He has given evidence as follows;

(3.) In another Bench decision of this court, presided over by Chakarvarti, C. J. Kali Das Ghosal v. S.K. Mondal, the learned Chief Justice expressed the same view. He said as follows: