OFFICER-COMMANDING Vs. SITA RAM BANDA S/O FIRAM BANDA

JUDGEMENT

(1.) Heard Shri S. Rupachandra, the learned ASG appearing for the appellant and none is present for the respondents despite notices being served upon them.

(2.) This appeal is directed against the award dated 27-07-2001 passed by the learned Commissioner, Workmen's Compensation, Manipur in Claim Case No. 38 of 2000.

(3.) The facts of the case, in brief, are that the respondent No.1 was, at the relevant time, working as C.P. Mazadoor being deployed at K.M.1.330 on Road Kharasam-Chakyang-Tusom. In an accident that took place on 25-04-1998 while he was doing the work of breaking stone into metal for surfacing works, the respondent No.1 sustained injury on his right eye, as a result he was admitted at the Regional Institute of Medical Sciences (RIMS), Imphal where after he having been examined by the Doctor, his right eye was removed and an artificial eye ball was implanted. On 04-07-2000 the appellant, by accepting the liability to pay compensation for the personal injury to the respondent No.1, deposited with the learned Commissioner a sum of Rs.78,430/- (Seventy-eight thousand four hundred thirty) only as compensation under Section 8 of the Workmen's Compensation Act, 1923 (hereafter referred to as "the Act, 1923"). The respondent No.1 withdrew the said amount without prejudice to his right to make further claim under Sub-section (2) of Section 4-A of the Act, 1923. Accordingly, the respondent No.1 filed a petition being Claim Case No. 38 of 2000 praying for payment of compensation under Section 19 of the Act, 1923 and the rules made thereunder.