S.B.MAJMUDAR - (1.)This appeal filed by the appellant railway administration under sec. 30 of the Workmens Compensation Act 1923 (hereinafter referred to as the said Act) has been placed before me by the orders of the learned Chief Justice on account of difference of opinion between two learned Judges of this Court - N. H. Bhatt J. and I. C. Bhatt J. who earlier heard this appeal in a Division Bench pursuant to an earlier order of reference of this appeal to a larger bench. It may be stated that by coincidence even the earlier order of reference of this appeal to a larger bench was made by me on 6-5-81 when I heard this appeal initially for final hearing as a single Judge.
(2.)A few relevant facts leading to the present proceedings may now be noted.
(3.)The appellant railway administration is the employer while the respondent is its employee. The respondent suffered an employment injury while he was working in the railway establishment of the appellant at Kota. He suffered this employment injury which arose out of and in the course of his employment. It totally destroyed the vision of his left eye. The incident in question happened on 11-10-71 when the respondent was sent for a months training at annual territorial army camp at Kota Rajasthan. While on duty he was struck with a wire nail which pierced his left eye. The said injury totally blinded his left eye. At the relevant time he was working as a points man in the western railway. According to the medical evidence the respondent was rendered totally unfit to work as points man on account of the aforesaid employment injury. He was given an alternative job as a water man.