ORIENTAL INSURANCE COMPANY Vs. ASHOK AND ORS.

JUDGEMENT

(1.) THIS appeal filed under Section 30 of the Employees Compensation Act, 1923 takes exception to the judgment of the learned Commissioner for Workmen's Compensation dated 4 -10 -2004 to the extent the appellant has been held jointly and severally liable to pay the amount of compensation with 12 % interest per annum along with respondent No. 2.

(2.) IT is the case of respondent No. 1 that he was employed with the respondent No. 2 on the post of Jobber/Machine Operator. He was receiving salary of Rs. 3500/ - per month. In an accident that occurred on 7 -8 -1999, respondent No. 1 suffered various injuries. He, therefore, filed application under Section 22 of the said Act seeking compensation.

(3.) BEFORE the learned Commissioner, respondent No. 1 examined himself at Exhibit -22 and a Doctor at Exhibit -39. Respondent No. 2 examined one witness vide Exhibit -52 while the appellant examined one witness at Exhibit -58. After considering aforesaid evidence, the learned Commissioner came to the conclusion that the appellant as well as respondent No. 2 were jointly and severally liable to satisfy the claim for compensation. Accordingly, both were held liable to pay compensation of Rs. 92,227/ - with interest at 12% per annum. Hence, this appeal.