1. This appeal is directed against the award made by Commissioner under Workmans Compensation Act, (Assistant Labour Commissioner Udhampur) in file No. IWE/2002-1 whereby Commissioner under the Act, assessed an amount of Rs. 1,46,772/- as compensation for the disablement suffered by respondent No. 1 /workman due to an accident. In the course of his employment and also directed payment of interest at the rate of 6% per anum from the date the accident took place till compensation assessed was paid. The back ground facts are as under:-

2. The respondent No. 1 on 16.1.2002 filed claim petition under Workmans Compensation Act, before the Commissioner under the Act, pleading therein that on 1.11.2000 at about 11 A.M. respondent No. 1/claimant under the employment of respondent No. 5 in the claim petition, was hit from behind by a sleeper resulting in serious injury to his left elbow. The respondent No. 1 /claimant insisted that the accident took place during course of employment and the respondent No. 1/claimant was thus entitled to claim compensation from his employers i.e. respondents 1 to 4 in the claim petition. It was pleaded that respondent No. 1 /claimant was of 32 years of age at the time of accident, getting monthly wages of Rs. 4500/- and that the accident had left the respondent No. 1/claimant with 30% permanent disablement.

3. The appellants initially avoided to submit any reply but later on 18.5.2004 filed objections /written statement insisting therein that no accident of the nature alleged in the claim petition took place and that at least they were not notified of any such accident by the respondent No.1/claimant or the respondent No. 5 in the claim petition. The appellants/respondent 1 to 4 in the claim petition further pleaded that unless and until it was proved that the respondent No. 1 was employed by the respondent No. 5 in the claim petition, the appellants /respondents 1 to 4 were not liable to pay any compensation to the respondent No. 1. The Commissioner under the Act, on going through the pleadings framed the following issues:-

1. Whether the injured workman Abdul Majid met with non-fatal accident on 1.1.2000 at 1 A.M. during and in the course of employment of respondents No. 1,2,3,4, and 5 O.P.P.?

2. What was the age of the injured workman at the time of accident on 1.1.2000? O.P.P.?

3. What was the wages of the injured workman at the time of accident? O.P.P.

4. Whether any relief was given by the respondents at the time of accident?.

4. The parties lead their evidence. The witness examined by the respondent No.1/claimant included Dr. Naresh Chopra Orthopedic Surgeon District Hospital Udhampur who was part of the medical team that examined the respondent No.1 /claimant and certified that the respondent No.1 /claimant had suffered 30% permanent disablement. The lone witness examined by the respondents namely Mohammad Ayoub Wani while expressing his inability to lay hands on the record of the labourers maintained by the contractor (respondent no. 5), who procured labour for the Corporation admitted that the respondent No1 /claimant was brought in an injured condition by his fellow labourers to the residence of the witness and reported to have been injured in the Compartment where some work of the Corporation was in progress. The witness even admitted to have prepared a report regarding occurrence for perusal of the officers of the Corporation.

5. The Commissioner under the Act, after going through the petition, written statement filed by the respondents 1 to 4 and also evidence adduced by the parties arrived at the conclusion that the respondent No. 1/claimant was engaged as a labour by the respondent No. 5 in the claim petition and that the respondent No. 1 /claimant met an accident during the course of employment. The Commissioner under the Act, arrived at the conclusion that the respondent No. 1 /claimant would get wages amounting to Rs. 4500/- per month; and that the respondent No. 1/claimant was of the age of 3

Click Here to Read the rest of this document