ORIENTAL INSURANCE CO LTD Vs. JAGDISH AND OTHERS

JUDGEMENT

(1.) This is rather an unusual case where the Commissioner under the Workmen's Compensation Act has proceeded to award a sum of Rs. 6,41, 619/- as compensation to the respondent-workman by taking into consideration certain documents like copy of report Ex.P-1, copy of medical certificate for physical handicapped person Ex.P-2, copy of MLC Ex.P-3, copy of discharge slip Ex.P-4 and copy of Pariwar register Ex.P-5, which were not even legally proved and had in fact only been tendered by respondent No.1.

(2.) Brief facts of the case are that respondent No.1 filed a claim petition before the Commissioner on the allegations that he was employed as labourer with respondent No.2 and on 3.1.2002 at 100 noon while doing the assigned work, i.e. crate-wise work at Manikaran, Kullu, he sustained multiple injuries due to skid of feet. He was initially treated at Kullu thereafter at Chamba where Medical Officer opined that he had incurred 80% permanent disability.

(3.) When put to notice, appellant filed reply, wherein it raised preliminary objections regarding maintainability, cause of action, locus standi etc. On merits, the entire claim of the claimant was disputed.