HARI OM FORWARDING Vs. RADHEY SHYAM & ANR

JUDGEMENT

(1.) The challenge by means of this first appeal filed under Section 30 of the Employee's Compensation Act, 1923 (hereinafter referred to as 'the Act') is to the impugned order of the Commissioner, Employee's Compensation dated 17.10.2012 which has awarded compensation to the respondent/employee.

(2.) The facts of the case are that the respondent was employed as a loading/unloading worker by the appellant. On 5.11.2009 while loading fruits on truck bearing No.JH-01-AA/0359 the right hand of the respondent got trapped in the dala/flap of the truck resulting in three fingers of the right hand being chopped/broken off. Respondent was admitted to the Jagjivan Ram hospital by the Munshi of the appellant and thereafter he was shifted to the Trauma Centre of the hospital for treatment. Petitioner was 35 years of age at the time of accident. Appellant in the written statement admitted the employer- employee relationship but took up a stand that the relationship of employer and employee is not there because respondent was only a casual labour and not working with the appellant on salary basis.

(3.) The relevant paras of the written statement taking up the case of non-payment of salary and hence no relationship of employer and employee are paras 1 to 8 and which read as under:-