Dipankar Datta, J. - (1.) The respondent no. 1 (hereafter the workman) approached the Commissioner, Workmen's Compensation, Durgapur under the Workmen's Compensation Act, 1923 (hereafter the Act) with an application in Form 'F' under rule 20 of the Rules framed thereunder claiming compensation of Rs.89,712/-. In his application, registered as Claim Case No. 104 of 1997, G.K.W. Limited, Wheels Division (hereafter G.K.W.) and the United India Insurance Co. Ltd. were impleaded as opposite party nos. 1 and 2 respectively. The pleaded case was that while on duty in the production department of G.K.W. on January 9, 1996, suddenly the workman's right hand got trapped in a running machine. As a result thereof, he sustained grievous injuries on his right hand and more particularly his right thumb. He was treated in different hospitals and ultimately, he was assessed to have suffered 40% permanent partial disability of the thumb. The workman on the date of accident claimed to be 39 years old and was in receipt of salary of Rs.3000/- per month. Since the authorities of G.K.W. did not consider the prayer for payment of compensation, the workman was thus forced to approach the Commissioner.
(2.) The claim of the workman was contested by both the parties. G.K.W. contended that the workman being covered by a policy of the opposite party no.2 in the application (hereafter the insurer), question of payment of compensation by G.K.W. did not arise. The insurer contested the application by contending that the primary liability of compensating the workman ought to be shouldered by G.K.W in the capacity of employer of the workman.
(3.) The Commissioner by his judgment and order dated September 2, 2003 allowed the application, without costs. Without dealing with the objection raised by the insurer, the Commissioner fastened it with the liability of paying Rs.74,760/- to the workman by issuing a cheque within a month from date.;