LAWS(HPH)-1956-12-2

CHUNI LAL Vs. G M NAHAN FOUNDRY LTD

Decided On December 29, 1956
CHUNI LAL Appellant
V/S
G.M.NAHAN FOUNDRY LTD. Respondents

JUDGEMENT

(1.) In this appeal, by a workman, against the order of the learned Commissioner, under the Workmen's Compensation Act, awarding a sum of Rs. 110-4-0, as compensation, in his favour, it was urged, that the Commissioner, has erred in not holding, that the appellant has suffered permanent total disablement, due to an occupational disease, contracted by him, during the course of his employment. I was, therefore, requested to direct the respondent, to pay to the appellant, a sum of Rs. 3,360, as compensation, under Schedule IV, read with Section 4 (1) (b) and Section 3 (2) of the Act

(2.) The facts, as found by the Commissioner, are that the appellant was employed in the moulding section of the Foundry. He fell ill, while working and was unable to perform his duties for a period of three and a half months. Consequently, the Commissioner granted him a sum of Rs. 110-4-0, as compensation, representing half monthly wages, during the appellant's period of absence from his duties.

(3.) On behalf of the appellant, reliance was placed on Sukumar Banerjee v. Hiralal Chatterjee, AIR 1954 Cal 48 (A). There a Division Bench of Calcutta High Court held that one Khuda Bux, workman, was entitled to the sum of Rs. 2,940, as compensation, since, it was found, that Khuda Bux had developed chronic lead poisoning, during the course of his occupation, resulting in permanent and total disability.