MANAGING DIRECTOR ORISSA STATE Vs. SURENDRA KUMAR MOHAPATRA

JUDGEMENT

(1.) This appeal Is directed against the order dated 6 -11 -1984 passed by the Commissioner for Workmen's Compensation, Cuttack

(2.) THE brief facts of the case are recounted below. The respondent was serving as a helper in the Orissa State Road Transport Corporation garage at Jajpur road under the appellants. On 18 3 -1982 while being engaged in fitting of the gear box in vehicle No. ORJ 2190, the respondent received an injury, inasmuch as, a piece of iron material pierced: into his right eye. He was treated by Dr. S. P. Pattnaik, Assistant Professor of Ophthalmology, S. C B. 'Medical College Hospital, Cuttack (witness for the petitioner) and then in Sarojini Eye Hospital, Hyderabad. The treatment became ineffective and ultimately he lost vision of the right eye completely. On the above ground he filed a petition for compensation under the Workmen's Compensation Act (hereinafter referred to as the 'Act' ) before the Commissioner for Workmen's Compensation ('Commissioner' for short ). The appellants in their written statement / stated that the petition was barred by limitation, as well as, bad for misjoinder and non -joinder of parlies, because, the State Government was not added as a party, The respondent suppressed material facts while making the petition. He received injuries on account of his own negligence and so was not entitled to compensation.

(3.) AGAINST the award dated 4 -2 -1985 no appeal was preferred by the appellants. On the other hand, they filed a petition Under Section 6 of the Act read with Section 151 of the Code of Civil Procedure before the Commissioner, challenging his finding on Issue No. 3 and for re -calculating the quantum of compensation, it was specifically stated in the petition that the appellants did not challenge the findings recorded on issue Nos. 1 and 2 of the award and averred that it was necessary to make a further enquiry as to the nature of the injury received by the respondent and the remuneration he was receiving at the relevant time so as to brings the case within the ambit of item 26 of Schedule 1 of the Act After hearing both parties, the Commissioner passed the impugned order reducing the quantum of compensation from Rs. 12,096/ - to Rs. 11,760/ -.