SANT KUMAR Vs. IQBAL AHMAD ANSARI

JUDGEMENT

(1.) This appeal is filed under Section 30 of the Workmen's Compensation Act, 1923. It arises out of award dated 5-3-1998 passed by the Commissioner Workmen's Compensation Act/Labour Court, Bilaspur in case No. 11/W.C.A./94 (N.F.). The Tribunal has dismissed the claim filed by the appellant for injury sustained by him.

(2.) The brief facts, as stated in the claim petition, are that this appellant was employed as a Welder in the workshop of the respondent in the relevant time. On 19-4-1994, he was doing greasing work in mixer machine in the work shop. During the course of his said work, the mixer machine was started by the respondent and ultimately when the appellant saw that the Hapher of the mixer machine is coming down on the head, he tried to remove himself from the said place and in this process, his right-hand was crushed in the gear and ultimately it was amputated from near his shoulder. The claim filed by the appellant before the Tribunal was resisted by the respondent on many grounds. The Tribunal framed various issues in this case and after recording evidence of the parties, dismissed the claim of the appellant holding that the appellant could not establish that the accident took place out of and in course of employment of the appellant.

(3.) So far as issue No.l is concerned, it comes in the evidence of the appellant that on 18-4-1994, he was called by the respondent for performing some works in the mixer machine. It comes vide para-2 of his evidence that he said that he will not do the work of mixer machine as he is a welder. However, on request of the employer, he agreed to perform the said work and was doing greasing in the mixer machine in the workshop of the respondent, where the accident took place in the above manner.