DIVISIONAL MANAGER, J&K SFC Vs. MOHD DIN

JUDGEMENT

(1.) Divisional Manager, J & K State Forest Corporation, Division Bhaderwah is in appeal against the award dated 18.05.2010 passed by the Commissioner Employees Compensation Act (Assistant Labour Commissioner), Doda(hereinafter referred to as "Commissioner") in File No.90-I titled "Mohammad Din vs Divisional Manager SFC Division Bhaderwah.

(2.) Briefly stated, the facts leading to the filing of this appeal under Section 30 of the Employees Compensation Act, 1923 (hereinafter referred to as "the Act") are that, on 03.12005, the respondent-workman while working in Compartment No. 36/K of SFC Division Bhaderwah met with an accident and received injuries as a result of which he suffered permanent disablement to the extent of 30%. He laid a claim for compensation before the Commissioner against the employer i.e the appellant herein. In the claim petiton, it was claimed that the respondentworkman at the time of accident was earning Rs.120/- per day and accident took place under and in the course of employment of the appellant. The respondentworkman also claimed that at the time of accident he was 45 years old.

(3.) With a view to substantiate his claim, the respondent-workman, besides examining himself , also produced witnesses namely Mohd Akram, Illam Din, Dr. M.Zafferulla Retd.Medical Officer, District Hospital Doda.The appellant produced two witnesses, namely Amar Chand and Abdul Latif Banday in rebuttal besides entering into the witness box himself.