EXECUTIVE ENGINEER PADAGADA Vs. GHANA SWAIN

JUDGEMENT

(1.) THIS appeal is directed against the judgment of the Learned Commissioner, Workmen's Compensation, Jeypore directing payment of compensation of Rs. 2,39,458/ - to the claimant -respondent in W. C. Case No. 11 of 2000.

(2.) CASE of the claimant -respondent is that he was working as Pump Operator in Sub -Division No. 1, Padagada Dam Division. In course of employment, on 9.12,1999 he met with an accident and sustained injuries. For the injuries sustained in course of employement, an application was field before the Learned Commissioner, Workmen's Compensation, Jeypore for payment of compensation. The appellants field a written statement denying the allegations made in the claim petition and a specific stand was taken to the effect that accident did not take place in course of and out of employment and therefore the claimant is not entitled to any compensation. On the basis of the pleadings of the parties, Learned Commissioner framed four issues and on analysis of evidence, held that the accident took place in course and out of employment. Considering the nature of injuries sustained, age of the claimant -respondent and salary he was receiving as a Pump Operator, compensation of Rs. 2,39,458/ - was allowed. The appeal has been filed basically on the ground that the accident did not take place in course and out of employment. Preliminary objection was raised by the Learned Counsel for the claimant -respondent stating that in an appeal under Section 30 of the W.C. Act the appellate Court can entertain an appeal only on substantial questions of law and has no Jurisdiction to disturb any finding of fact. I will deal with the objections of the Learned Counsel for the respondent at a later stage.

(3.) IN view of the discussions made above, the appeal is dismissed.