EX ENGINEER Vs. AB JABAR KHAN

JUDGEMENT

(1.) RESPONDENT no. 1, working as lineman posted in Sub Division, Wagoora, during his duty at receiving station, Putkhah Magam while clearing the fault in the transmission line received an electric shock which resulted in amputation of his right upper limb (arm), filed petition for compensation before the Assistant Commissioner, Labour under Workmens Compensation Act. The proceedings culminated in passing the award dated 23.12.2006 to the tune of Rs. 2,50,320/ - as against the claim of Rs. 7.00 lacs.

(2.) BY the medium of this appeal award (judgment) is assailed. Heard. Considered. Admit.

(3.) WITH the consensus of the appearing counsel for the parties taken up for final disposal, as three legal points have been raised for adjudication: Firstly, that the respondent no. 1 does not fall within the definition of 'workman under the Workmens Compensation Act. Secondly, that the amputation of right upper limb (arm) has not affected the earning capacity of the respondent. Thirdly section 30 of the Workmens Compensation Act hereinafter called as the 'Act provides that the appeal cannot lie against any order unless 'substantial question of law is involved in the appeal.