( 1 ) IN this appeal under Sec. 30 of the Workmens Compensation act, 1923 (hereinafter "act" for short), the appellant assailed the judgment and award passed by the learned Commissioner for Workmens Compensation ("commissioner" for short, hereinafter), at Bhavnagar, on 10-8-1982, in an application for compensation being Workmen Compensation Application No. 10 of 1982. Various interesting points are raised and a multiprolonged attack is also made against the claim of compensation. Therefore, the appeal was heard at a marathon length. Since various significant points are raised and with a view to appreciate the merits of the present appeal and challenge against it, it would be pertinent at this juncture to set out relevant and material facts.

( 2 ) THE present appellant is the original claimant who preferred an application for compensation for personal injuries sustained by him, under sec. 3 of the Act. The claimant made the application for compensation of rs. 3,528/- under Sec. 3 of the Act and Rs. 1,746. 00 by way of penalty under Sec. 4a (3) of the Act with interest and cost against the present respondent, who is the original opponent-employer. Thus, the present app