PANNA LAL AND ORS. Vs. KULDEEP SINGH

JUDGEMENT

(1.) This appeal is preferred against the order dated 27.6.2011 passed by Commissioner under Workmen's Compensation Act, whereby compensation was awarded to the respondent for the injury received by him during the course of employment. The employer has come up in appeal stating that nothing was payable in view of the settlement already made between the parties.

(2.) Counsel for the appellants referred to Section 3 (1) (b) (ii) of the Employees' Compensation Act (Act for short) in support of the arguments that there was willful disobedience on the part of the employee, as he had flouted the instructions of the employer. Respondent was working at the Atta Chakki of the appellants and he tried to control the running of the machine with the wooden danda whereas he had been instructed to use an iron rod. He was also told not to make an effort to control the belt of the machine without stopping it but he did not pay any heed and got injured due to his own fault.

(3.) Panna Lal, appellant deposed by way of Ex.RW1/A in the examination-in-chief that the claimant i.e. respondent herein, without knowledge of the employer used the wooden danda which broke and injured him. It was not the instruction of the witness that wooden batten should be used. It is always an iron rod which has to be used. No cross examination was conducted on Panna Lal on the said aspect. Rather most of the cross examination was on the settlement made between the parties under which according to the employer, respondent was paid an amount of Rs.1,50,000/-. The only question put regarding the use of wooden batten and stopping of belt of the machine was regarding the manner in which the belt was stopped. Panna Lal had stated that whenever the belt was to be stopped, the machine had to be switched off. The account of the witness that the respondent was flouting the instructions of the employer went unchallenged and amounted to admission.