SAIFUDDIN SHABBIRHUSEN GESWALA Vs. PARESH UPENDRAKUMAR SANGHVI

JUDGEMENT

(1.) BY way of present appeal, the appellant-original claimant has challenged the judgment and order of Workmen Compensation Commissioner, Godhra dated 30/6/1986 in Workmen Compensation Case No.563 of 1985 whereby the application of the original claimant was partly allowed and awarded Rs.5,040/- along with interest at the rate of 9% from the date of application till its realisation. The opponent no.1 was also directed to pay penalty of 25% of the total compensation amount.

(2.) THE facts of the present case are that the appellant-original claimant is working as driver with opponent no.1 on the Matador owned by opponent no.1. On 29/10/1963 at about 1:30 p.m. when the Matador came near Godhra-Salia fatak the break of Matador failed and due to this failure of break, the Matador met with an accident and the appellant herein sustained injuries on left leg, chest and sustained serious injuries on head. He became unconscious because of said accidental injuries and admitted to the hospital at Dahod. THEreafter he was transferred from Dahod Hospital to Indore Hospital. He has got fracture of left leg and had to stay as indoor patient at Indore Hospital for fifteen days. THEreafter he was advised to attend the hospital two times in one month for further treatment. Because of accidental injuries the appellant has become unable to drive vehicle. He has lost his earning capacity up to 100%. THErefore, the appellant has filed Workmen Compensation Application No.563 of 1985 for recovery of compensation of Rs.1,20,000/- with interest at the rate of 18% and also for 50% penalty from the opponents. THE authorityafter considering the case of the claimant and after considering the medical evidences produced on record has partly allowed the application of the claimant and awarded compensation of Rs.5,040/- with interest at the rate of 9% from the date of application and also awarded 25% penalty i.e. Rs.1,260/-. Aggrieved by the same, appellant-original claimant has filed present appeal.