MOHANLAL AJITSARIA Vs. ABDUL RASID

JUDGEMENT

(1.) THIS is an appeal under Section 30 of the Workmen's Compensation Act, 1923 (Act VIII of 1923), against an order dated 21 -4 -1956 passed by Mr. R.H. Shaw, Deputy Commissioner, Sibsagar, acting as Commissioner under the Workmen's Compensation Act. By the order in question the Commissioner has awarded a sum of Rs. 1,470/ - as compensation to the respondent under Section 4(c)(ii) of the Act.

(2.) THE short facts are that on 27 -2 -1947 the respondent Abdul Rasid sustained an injury while on duty in a mill then belonging to the appellant where he was the head fitter. As a result of this serious injury he fractured his pelvic bone. He was taken to the Mission Hospital on 2 -3 -1947 for treatment from where he was released on 10 -3 -1947.

(3.) THE next question is about the amount of compensation payable to the workman. It has been found that though the workman has not been completely deprived of his leg as a result of the injury, he has at least been permanently crippled in that leg. The Commissioner holds that it was a case of permanent partial disablement as a result of the injury; and inasmuch as the injury in question was not specified in Schedule I of the Act, he fixed the compensation under Section 4(1)(c)(ii) at 30 per cent. of the amount shown in the table laid down in Schedule IV of the Act.