DIVISIONAL MANAGER Vs. BASHIR AHMED

JUDGEMENT

(1.) This appeal is directed against the award dated 29.5.2002 passed by the Assistant Labour Commissioner exercising powers under the Workmen's Compensation Act, Doda whereby he come to award compensation of Rs. 55,302.00 to the respondent-claimant.

(2.) It appears that the respondents namely, Bashir Ahmed approached the Commissioner below under the Workmen's compensation Act (hereinafter referred to as an Act) for grant of compensation alleging therein that during the course of his employment under the appellant that on 17.7.1994 while working as a Sawyer at forest compartment No. 21, Jai he met with an accident as a result of which left leg got fractured and also sustained injuries on the other parts of the body as a result of which he is rendered permanently disabled for all the works he has stated his age at the time of accident as 35 years and as per the statement he was earning Rs. 1500.00 per month. He also claims that at the time of accident, the employees of the appellant-non-applicant were present despite that he was not paid any compensation. The appellant-non-applicant appears to have resisted this petition by filing its objections and the parties went to the trial with the following issues:-

(3.) The impugned award is assailed by the learned counsel for the appellant in appeal on various grounds, but during the course of arguments, learned counsel for the appellant has stressed the ground that the award is passed on no evidence submitting that the evidence of medical witness examined by the respondent is not upto the standard who has estimated reduction in the earning capacity of the applicant when he could make his statement with respect to the percentage of disablement suffered by the workman/applicant and the percentage of loss of earning capacity could only be established by the workman by adducing other evidence.