UNITED INDIA INSURANCE CO LTD Vs. RALLI TANTI

JUDGEMENT

(1.) Heard Mr. S.K. Singh, learned counsel for the insurer-appellant, and Mr. S.C. Biswas, learned counsel, appearing on behalf of the workman-respondent No. 1. Also heard Ms. D.P. Hazarika, learned counsel for employer-respondent No. 2. This is an appeal against the award, dated 24.10.2005 passed by the learned Commissioner, Workmen's Compensation, Zone-III, Tezpur, in WC Case No. 8/2004, determining Rs. 1,57,428/- as compensation payable to the workman. This appeal has been heard on the following two substantial questions of law :

(2.) The material facts, giving rise to this appeal, are as under :

(3.) The respondent No. 1 herein was a workman, employed as a factory worker, at Sessional Tea Estate, in the District of Sonitpur, Assam, under respondent No. 1 herein. In the midnight of 9.10.2003, while the respondent No. 1 was putting green leaves into the leaf-crushing machine from the top, his right leg slipped into and moved inside the inlet of rotor-vane of the machine and, as a result of this accident, his right leg got crushed. He was, immediately, taken, in seriously injured condition, to the garden hospital for treatment and, later on, shifted to the Civil Hospital, at Tezpur. On 10.10.2003, he was brought to the Gauhati Medical College & Hospital (in short, 'GMCH'), Guwahati, where his right leg had to be amputated. The respondent No. 1 herein, thereafter, had to remain in the GMCH, as an indoor patient, from 10.10.2003 to 22.11.2003. Even after his discharge from the GMCH, he was advised by the doctors to take complete bed rest for three months.