APEX PLASTIC THANA Vs. DEEPAK KUMAR

JUDGEMENT

(1.) This appeal has been preferred by employer against its employee/claimant, assailing award dtd. 31/7/2013 passed in Claim Application No. 16/2 of 2011 titled Deepak Kumar vs. M/s Apex Plastics and another instituted on 8/6/2011 under Employees/Workmen Compensation Act (in short 'the Act'), whereby the Commissioner, Employee's Compensation, Court No.2, Nalagarh District Solan H.P. has awarded compensation of Rs.6,38,392.00 in favour of claimant/employee along with interest at the rate of 9% per annum from the date of accident till deposit of entire compensation amount.

(2.) Claim petition was preferred by the claimant/employee for receiving crushed injuries in his right hand on 17/7/2009 at about 11 AM, when he was discharging his duty as a workman for the employer in the factory premises, resulting into amputation of thumb, fracture in bones and other fingers, cutting of skin and veins and partial loss of middle finger. According to claimant, on account of accident, he was not capable of working with right hand and therefore, he could neither write nor work with said hand for which plastic surgery was also conducted. The claimant, for his treatment, remained in PGI Chandigarh from 18/7/2009 to 28/7/2009 and his treatment was going on and till the filing of present petition, he had spent Rs.60,000.00 for his treatment.

(3.) Claiming salary of Rs.4700.00 per month along with other benefits under the Labour Law, claimant had claimed his entitlement for compensation of Rs.10.00 lacs along with interest at the rate of 9% per annum from the date of accident and also penalty to the tune of Rs.50,000.00 for non-payment of the amount of compensation within time.