SHANTI DEVI Vs. NATA RAM

JUDGEMENT

(1.) Instant civil misc. appeal under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter "the Act of 1923") has been filed by the appellant against the impugned judgment and award dated 29.08.2001 passed by the learned Workmen's Compensation Commissioner, Sirohi (hereinafter "the learned Commissioner") in Workmen's Compensation Case No.6/99 whereby the learned Commissioner while holding that the respondent No.1/claimant was under the employment of the appellant, awarded a compensation in the sum of Rs.51,668/- in favour of respondent No.1-workmen and directed the appellant to pay the said compensation along with interest at the rate of 9% per annum from the date of accident till the date, the amount is deposited and has also imposed penalty of Rs.5,000/- upon the appellant.

(2.) Succinctly, the facts of the case are that initially the respondent No.1 filed a claim for a sum of Rs.5 lacs only as compensation before the learned Commissioner against respondent Nos.3 & 4, Soma Ram and Badri Narayan respectively.

(3.) Subsequently, the present appellant was made party respondent in the original claim petition. As per the averments in the claim petition, respondent No.1/claimant while repairing the well belonging to the present appellant sustained injury resulting in permanent disability as a consequences of shortening of right leg.