T.P.S. Mann, J. - (1.) RESPONDENT K.L. Sharma was employed as E.M.P.A. by the Managing Director, Haryana Dairy Development Co -operative Federation Ltd. hereinafter referred to as appellant -Corporation on 14.8.1977. A year and four months later, while he was proceeding on a bi -cycle from Begumpur Khotola to Gurgaon after visiting the said village, he fell in a ditch as it was dark all around. In the process, he received an injury on his right eye. Claiming that he was a workman and the injury received by him arose, during and in the course of his employment, he filed an application for (sic) of compensation before learned Commissioner under the Workmen's Compensation Act, which was allowed on 31.5.1984 and he was granted a sum of Rs. 12,936/ - as compensation, Rs. 6,468/ - under Section 4 of the Act as compensation for default, alongwith 6% interest on the original amount of Compensation i.e. Rs. 12, 936/ -sines the date of the accident.
(2.) LEARNED Counsel for the appellant has submitted that the claim application had been lied by respondent No. 1 after an expiry of more than 3 years from the date of the accident, i.e. on 3.3 1982. No evidence has been led by him to show that he was employed the appellant -Corporation or that the accident in question had taken place during and in the course of employment. It has also been submitted that even if the case of claimant was accepted as such, he could have been granted compensation at the rate of 30% of the loss of earning capacity and not at the rate of 40% Learned Counsel for respondent No. 1 has supported the order passed by the learned Commissioner and prayed for dismissal of this appeal.
(3.) I have heard learned Counsel for the parties.;