RELIANCE GENERAL INSURANCE CO LTD Vs. AJOY PANIKA

JUDGEMENT

(1.) Heard Mr. R. Goswami, learned counsel for the appellant as well as Mr. P. Sundi, learned counsel appearing for respondent No.1. None appears on call for respondent No.2 as the names of Mr. C. Baruah, learned Senior Counsel assisted by Mr. B. Baruah, learned counsel appearing for respondent No.2 is reflected in the cause list.

(2.) This appeal under section 30 of the Employees Compensation Act, 1923 is directed against the order and award dated 20.03.2012 passed by the learned Commissioner for Workmen's Compensation, Zone-III, Tezpur in W.C. 16/08. The appeal was admitted by order dated 26.07.2013 on the following 2 (two) substantial questions of law:-

(3.) The facts of the case is not disputed at the bar. The respondent No.1 is the claimant in W.C. 16/08. He was engaged as the operator/driver of C.T.C. tea manufacturing machine in the establishment of Ghoiralie Tea Estate under the respondent No.2, i.e. Empire and Singlo Tea Ltd. While on work, on 30.07.2007, the right hand sleeve of his shirt was accidently caught in the machine and his hand was pulled by the roller of the C.T.C machine and as a result, his right hand was totally crushed. He was given first aid at the Tea garden hospital and then shifted to Kanaklata Civil Hospital at Tezpur. He was then shifted to G.M.C. Hospital at Guwahati. On 01.08.2007, after a surgery on his upper limb of right hand through the lower 1/3 rd of the arm was amputed and he was discharged on 06.08.2007. Resultantly, the respondent No.1 became disabled and incapable of continuing his work. After issuing notice under section 10 of the Workmen's Compensation Act , the present claim application was filed. The appellant herein contested the claim. The learned Commissioner framed the following 3 (three) issues for trial:-