BHAGAT SINGH RAM SARAN Vs. PUNJAB STATE

JUDGEMENT

(1.) THIS is a first appeal filed by Bhagat Singh under Section 30 of the Workmen's compensation Act, 8 of 1923 (hereinafter refer red to as the Act) against the order of the learned Senior Subordinate Judge, Hoshiarpur, who was acting as the commissioner under the Act, holding that the appellant was entitled to receive only Rs. 980 as against Rs. 4,900 claim ed by him as compensation.

(2.) ON 23-2-1962, the appellant was work ing at a machine in connection with the excava tion work of the Bhakra-Nangal Project, when a big stone fell on him, which fractured his head, resulting in his permanent disability as a workman. He remained in Nangal Hospital from 23-2-1962 to 1-9-1962. Later on, he was declared permanently unfit and was discharged from service. At that time he was 28 years old and his monthly wages were Rs. 105. His case was that he was entitled to receive compensation amounting to Rs. 4,900 on account of permanent disablement as mentioned in Section 4 (1) (c) (ii) read with Schedule IV of the act.

(3.) THE position of the Punjab State, respondent, was that since the appellant's permanent disability was only 20 per cent, as mentioned in the medical certificate, he was entitled to 20 per cent of the compensation payable for permanent total disablement, which came to Rs. 980.