EXECUTIVE ENGINEER NAWARANGPUR ELECTRICAL DIVISION Vs. ISTAPAN GONDA

JUDGEMENT

(1.) This is an appeal under section 30 of the Workmen's Compensation Act, 1923 (for short 'the Act') against the order dated 6.5.1999 passed by the Commissioner for Workmen's Compensation-cum-Joint Labour Commissioner, Jeypore, Koraput in W.C. Case No. 1 of 1998.

(2.) The case of the claimant-respondent is that one Istapan Gonda (respondent) filed a claim case in Form-F under the Act for payment of compensation against the Executive Engineer, Nawarangpur Electrical Division (appellant) stating that he was working as a lineman under the appellant. On 19.11.1993 while he was engaged in 33/11 K.V. line, climbing on a ladder he fell down and sustained multiple fracture injuries. After the accident he was admitted in Nawarangpur Government Hospital and was treated as indoor patient till 13.2.1994. However, he was not cured till the filing of the case. Moreover, he was unable to stand for half an hour due to the above injuries. For the above reasons, the claim petition could be filed on 7.1.1998 only along with a petition for condonation of delay. Subsequently after hearing the claimant and considering the initial deposition given by the claimant, the delay was condoned by the Commissioner.

(3.) On receipt of notice, the appellant opposite party filed the written statement denying their liability. In order to prove his case, the claimant-respondent examined as many as four witnesses including claimant himself and appellant opposite party examined two witnesses including himself.