JUDGMENT :

(Kaushal Jayendra Thaker, J.)

1. Heard Sri Ganesh Datt Mishra, learned counsel for the appellant and Sri S.D. Ojha, learned counsel for the claimant.

2. This First Appeal From Order has been filed under section 30 of Workmen's Compensation Act, 1923 ( hereinafter referred to 'Act, 1923') by appellant-G.M. Dugdh Sangh Allahabad, being aggrieved by order dated 28.9.2004 passed by the Workmen's Compensation Commissioner/Assistant Labour Commissioner, Allahabad in WC Case No.46 of 2001 whereby the learned Commissioner has awarded compensation of Rs.1,38,340/- with 9% rate of interest.

3. The facts of the present case are that it has been culled out from the record that the claimants who was employed by appellant met with an accident. On 19.8.199 when the claimant was on job at that point of time he fell down from the staircase of the platform. The claimant/respondent sustained multiple injures on his left lower limb and on his spinal cord was also damaged. The respondent company rushed the claimant to the hospital where the claimant was admitted and continued to be in hospital from 19.8.1999 to 24.8.1999. For a period one month the claimants was advised bed rest. The claiman