DIVISIONAL MANAGER Vs. DEWAN CHAND

JUDGEMENT

(1.) THE appellants challenge the award passed by the Assistant Labour Commissioner, Doda in his capacity as Commissioner Workmens Compensation Act on 24 -05 -1991 awarding Rs. 84000/ - to the respondent -workman According to the facts of the case Dewan Chand respondent herein was employed as a workman by the appellants. He filed an application wide: the Workmen Compensation Act claiming compensation for the injuries sustained by him or December 19, 1991 in the course of employment. How he sustained the injuries is disclosed in para -1 of the application. He received burn injuries resulting in permanent disfigurement and disablement in the course of his employment is not disclosed.

(2.) THE Commissioner after considering the reply of the appellants and the evidence produced by the parties held that the workman had partial disability reducing, his earning capacity to 75%. He accordingly awarded Rs. 84,000/ - to the respondent.

(3.) THE argument of Mr. Bhardwaj is two fold, one assuming that the residential accommodation provided by the employer caught fire and the workman suffered injuries, it cannot be said that he was injured in the course of his employment and two that no reliable evidence exists on the file to hold that the workman has suffered permanent disability to justify the amount awarded to him. Mr. Koul refuted these contentions on the plea that appellant having provided accommodation at site of work any accident involving death or injuries to the workman is deemed to be in the course of his employment. Regarding extent of disability according to Mr. Koul evidence of Dr. Hafiz Ullah Munshi has not been challenged by the appellants. In order to appreciate the rival contention reference to the statements of the witnesses examined by the parties becomes necessary.