Appeal under Employee’s Compensation Act entertainable only on substantial questions of law; Commissioner’s disability findings final on facts; full award deposit including interest mandatory for maintainability. (22 words)

JUDGMENT :

M A CHOWDHARY, J.

1. Through the medium of the instant appeal, the appellant has challenged the Award dated 20.07.2011, passed by the Assistant Labour Commissioner, Doda as Commissioner under the Workmen’s Compensation Act (hereinafter referred to as the “learned Commissioner”), whereby compensation of Rs. 2,74,500/- was granted in favour of the respondent in a claim for compensation, for his disablement as a workman, during employment of appellant.

2. The brief facts of the present case are that the respondent (hereinafter claimant’), while performing Pathroo work in Compartment No. 24, Kellar Sector, A-Nallah Balogri, sustained serious injuries, when a wooden log fell on his left leg; that he was admitted to District Hospital, Doda on 09.01.2007 vide MRD No. 4913 because of a fracture of the left knee bone (patella), which rendered him permanently disabled; that at the time of the accident, the respondent was 26 years of age and was earning monthly wages of Rs. 6,000/-.

3. The appellant (hereinafter ‘Employer’) filed written objections before the learned Commissioner, wherein the employment of the respondent and the occurrence of the accident were admitted, however, denied assertions with regard to the age and wages of the respondent; that the learned Commissioner, after considering the contents of the claim petition and the written objections filed by the appellant before it, framed the following issues:

i) What were the wages and age of the appellant at the time of the accident? OPP

ii) What is the extent of disability suffered by the appellant? OPP

iii) Relief.

4. The claimant appeared as his own witness and recorded his statement before the learned Commissioner. He stated that he was working with the appellant in Compartment No. 24, Kellar Jungle, as a Mistry when he met with an accident which caused a fracture to his left leg; that his his monthly wages were Rs. 6,000/-; that due to accident, he remained admitted in District Hospital, Doda for about two and a half months and claimed compensation of Rs. 10,00,000/-.

5. In support of his claim petition, the claimant also examined three witnesses, namely Ram Parshad and Om Parkash, and one medical witness, namely Dr. N. D. Dar. Both Ram Parshad and Om Parkash supported the claim of the respondent on the aspects of the accident. Dr. N. D. Dar, Medical Officer, District Hospital, Doda, examined the claimant in open court on 14.06.2010 and stated that he had been admitted to District Hospital, Doda on 09.01.2007 vide MRD No. 4913, with a history of a wooden log falling on his left knee joint. The claimant was diagnosed with a fracture of the patella bone of the left knee joint and was treated with plaster of Paris and discharged on 11.01.2007 with advice for regular medical follow-up in the OPD. The doctor further stated that claimant was disabled due to the said injuries and his disablement was more than 55% which too is likely to increase with the advancement of age. The opinion of the doctor was based on clinical examination as well as record shown to him. As per the statement of the doctor, Dr. Shiv Kumar had treated and issued the certificate stating that for the purpose of jungle work, the claimant was 100% disabled. In cross-examination, the doctor clarified that, whatever, he deposed was based on the certificate issued by Dr. Shiv Kumar, Orthopaedic Surgeon.

6. The learned Commissioner, after considering the material on record and hearing l