BENGAL COAL CO Vs. SHAHED MIAH

JUDGEMENT

(1.) THIS is an appeal from a judgment of. the Workmen's Compensation Commissioner under section 30 of the Workmen's Compensation Act, 1923.

(2.) THE respondent was an employee of the appellant and had suffered physical injuries by reason of an accident in course of his employment on the 28th December, 1963. His wages were between Rs. 100 and Rs. 150/- per month. The Commissioner ' has found that he sustained a permanent "partial disability and assessed his loss of earning capacity to the extent of 10% per cent. The ' Commissioner made an award of compensation for Rs. 980/ -. He directed payment of the balance of Rs. 550j- with corresponding costs and hearing fee assessed at Rs. 10/ -. The respondent did not go to the witness box to adduce any evidence but there was medical evidence both by the employee's doctor as well as the employer's doctor. The accident occurred, as we have said, on the 28th December, 1963. It is admitted that the respondent resumed his duties on the 18th June, 1964 and he filed the case for compensation on the 19th October, 1965.

(3.) DR. S. K. Neogi gave medical evidence on behalf of the workman. He examined the respondent on the 13th June 1966. He stated as follows :