H.R. Panwar, J. - (1.) This appeal is directed against the judgment dated 27th February, 1992 passed by learned Commissioner Workmen's Compensation, Bikaner (hereinafter referred to as 'the Commissioner'), whereby he granted the compensation of Rs. 51827/- in favour of the respondent and against the appellants. Aggrieved by the judgment impugned, the appellant employer has filed this appeal.
(2.) Brief facts of the case which are necessary for the disposal of this appeal are that; the respondent was an employee of the appellant employer. During the course of employment on 16.12.1985 while respondent was on night duty, he was greasing the Girari of the machine, in the process of greasing, he met with an accident with the machine and his all the four fingers and the thumb of right hand came into the machine and was crushed which ultimately resulted in the amputation of all the four fingers and the thumb of the right hand. The respondent by application dated 16.12.1986 filed before the learned Commissioner prayed for grant of compensation under the provisions of Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act') against Shri Rameshwar Lal Chandak as proprietor of the appellant firm. On 5.1.1987, the said Rameshwar Lal denied the liability on the ground that he is neither a partner nor the proprietor of the appellant firm. Vide order dated 16.09.1987, the learned Commissioner granted the compensation. However, an application was moved by the appellant before the Commissioner on 29.10.1987 stating therein that Rameshwar Lal Chandak is neither partner nor the proprietor of the said Oil Mill and requested for setting aside of the judgment dated 16.09.1987. The Commissioner vide its order set aside the exparte order. The respondent filed an amended claim petition on 4.6.1988 against the appellant claiming compensation for sum of Rs. 75,000/-. It was averred that he is 20 years and is in the employment of the appellants employer, his monthly income is rs. 420/-. On 12.10.1988, the appellants....... employee of the filed their written statement stating therein that on 16.12.1985 one Arjun Ram oilman who was in the employment of the appellants, was greasing the running machine in the establishment. However, it was admitted that the respondent was in their employment on the date of accident but he was not assigned the duty which he performed in the course of employment.
(3.) A plea of limitation was also raised. Respondent produced discharge certificate of the General Hospital Ex.W-1A showing his admission to General Hospital from 16.12.1985 to 5.1.1986. Ex.W-2A is the certificate which was issued by Medical Jurist. In this certificate, the injuries sustained by the respondent were mentioned. Certificate Ex.W-3A issued by the Sarpanch, Gram Panchayat, Bhadana showing the date of birth of respondent as 23.10.1965. The respondent was examined by the Medical Board vide Ex.W-4. The Medical Board assessed following functional loss "1. Amputation Right Thumb at the level of terminal phalanx-25% 2. Amputation of Right Index at level of Base of Proxinal Phalanx-20% 3. Amputation Right Middle Finger at the base of Proxinal Phalanx-15% 4. Amputation of Ring Finger at the level of Base Prox Phalanx- 10% 5. Amputation of Right little finger at level of I.P. Joint-5%";