KUNJBIHARI SONI Vs. MANOJ KUMAR

JUDGEMENT

(1.) This appeal is preferred under Section 96 of the Code of Civil Procedure, 1908 against the judgment/decree dated 29-7-2005 passed by 3rd Additional District Judge, Ambikapur Sarguja (FTC) (CG) in Civil Suit No.1-A/2002 wherein the said court decreed the suit of the respondent/plaintiff compensation to the tune of Rs.1,05,000/- with interest.

(2.) As per the plaint averment filed by the respondent/plaintiff, on 1-1-1998 respondent/plaintiff had reached for getting expelled mustered oil to the expeller of the appellants/defendans and during this process right hand of the respondent was cut off from the right shoulder due to coming in circulation of the expeller machine. As per version of the plaint, appellant No.2 namely Madan Soni had given oral instructions to the respondent to remove the oil from the expeller and while attempting to that work, the worn shirt of the respondent was caught along with right hand in the expeller machine and his hand was cut off. After hearing the parties, the trial Court awarded compensation as mentioned above.

(3.) Learned counsel for the appellants would submit as under: