M. JAGANNADHA RAO, J.

( 1 ) THE above CMA arises out of certain proceedings initiated by the second respondent under the provisions of the Workmen s Compensation act, 1923 (hereinafter called "the Act" ). The second respondent was employed by the Appellant Company as a Driver and while working on duty, there was an accident on 12-8-1979 when certain coal fell into his eyes. The matter was reported to the Assistant Engineer Sri Mala Kondaiah and ther after, the 2nd respondent was referred to the Medical Wing of the appellantcompany. However, (he 2nd respondent applied for leave on 2-9-1979 and continued to be on leave till 7-9-1979 and thereafter did not report to duty. On the ground that he was absent without leave, his name name was struck off on 19-9-1979 from the rolls of the Company. The 2nd respondent made a representat. on one 12-2-1981 to the mployer that by reason of the accident which occurred on 12-8-1979, he had lost both his eyes and that therefore, compensanon may be paid to him under the Act. As the said representation did not succeed, the second respondent filed an appeal on 21-7-1981 before the Commissioner for Workmen s Compensation, Warangal. The appellant company

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