EXECUTIVE ENGINEER Vs. MIR ZAMAN KHAN

JUDGEMENT

(1.) HEARD . Record pursued. Respondent No. 1 during his engagement by appellant, Electric Maintenance Division Baramulla met an accident, on 26 -09 -1998 within the jurisdiction of Mohra Electric Sub Division. This happened while he was erecting the lines on spot. The accident led to amputation of his left arm due to electric burn. Petitioner filed claim petition before Assistant Labour Commissioner Baramulla under Work Man's Compensation Act, 1923. The Commissioner provided opportunity to produce respective document/material and received evidence offered by the parties. On enquiry prescribed under the Statute he held petitioner entitled to compensation for loss of earning capacity as mentioned in Schedule -I, part II of Work Man's Compensation Act on account of amputation of left arm above elbow at 80% at Rs. 1500/ - P.M. This was done on evaluation and appreciation of evidence. The Commissioner further found that the accident took place during the course of employment and after necessary calculations an award of Rs. 1,32,602.40 was passed in favour of petitioner and against respondents who were given direction to deposit the amount. Against this order present appeal is filed.

(2.) LD . Counsel for the parties have been heard. The judgment and order impugned in this appeal is passed on appreciation of evidence which has been considered in detail. Both parties had opportunity and led evidence on issues framed. Conclusions reached at by the forum are supported by oral and documentary evidence on record. Even Assistant Engineer Sub Division Mohra one Mr. P.P. Singh has been examined as witness and statement of Mr. Singh has been recorded by the Asstt; Labour Commissioner. He has positively stated that the respondent No. 2 was on the fateful day working as daily wager with the appellant and he knows the respondent in person and has even certified that his work and conduct during his stay in the Sub Division remained satisfactory. He has even stated that he has been working with the respondents for last eight years. This statement is also collaborated by the other evidence tendered by the respondents witnesses. The medical opinion tendered is also considered. After applying the rule of preponderance of probabilities the Commissioner has come to the conclusion that the version put -forth by the respondents is correct and that liability of the appellant Electric Maintenance Division Baramulla for compensation under the Act on account of loss of earning capacity is proved. In view of the conclusion arrived on appreciation of evidence within the para -meters of Work Man's Compensation Act, 1923, Ld. Counsel for appellant submits that Mr. P.P. Singh has given a false certificate and tendered false statement, on the basis of the judgment. It is a matter for the State Govt. to look into and if circumstances, facts, evidence and material is on the record of the file, the State Govt. will be free to book him on that count. For purposes of this appeal, it is seen that the witnesses have been examined and cross -examined and so far as record of the case is concerned nothing is elicited from the witnesses to show that the witness(es) has illegal or beyond his brief supported the case of the petitioner.