THE NUMALIGARH REFINERY LTD. AND ORS. Vs. COMMISSIONER, WORKMENS COMPENSATION-CUM-ASSISTANT LABOUR COMMISSIONER AND ORS.

JUDGEMENT

(1.) Judgment and award dated 09.04.2008 passed by WC Commissioner Golaghat, Assam in WC Case No. 18/2005 has been called in question in the present appeal under Section 30 of the Workmen's Compensation Act, 1923 (now designated as Employees' Compensation Act, 1923).

(2.) One Surendra Baruah filed a petition before the WC Commissioner stating that while in service under the present appellant M/s. Saikia & Sons, Golaghat sustained injury and as a result his left leg had to be amputed above knee. Consequently, he became permanently disabled and lost his total earning capacity. According to him on 20.09.2003 at about 1 p.m. while he was doing maintenance of streetlight at Numaligarh Refinery Limited Township, he sustained the injury and was immediately admitted to Golaghat Nursing Home from where he was taken to Down Town Hospital at Guwahati. He remained at the Hospital at where his leg was amputed above knee. In the process an amount of Rs. 1,50,000/- was spent. Although he was released from the hospital later on his employer terminated him from job due to his disability. According to him he received monthly salary to the tune of Rs. 5,000/- per month at that time.

(3.) On receipt of summons, the opposite-parties of the proceeding appeared and submitted their written statement. The opposite-party No. 1, 2 & 3 did not appear and so the proceeding was held ex-parte against them. The employer Opposite Party No. 4 & 5 contested the case by filing written statement and denied the averment made in the claim petition. It is the case of the Opposite Party No. 5 that a sum of Rs. 95,000/- was paid to the workman on humanitarian ground. On the basis of the pleadings referred to above, the WC Commissioner framed as many as 4 issues which are quoted below: