MOIDEEN Vs. GOPALAN

JUDGEMENT

(1.) A wood cutter had a fall from a tree which he was cutting down for its timber. But that fall transformed him as a paraplegic since the injury sustained by him had involved his spinal cord. He made a claim on the appellant under the provisions of the Workmen's Compensation Act (for short 'the Act') contending that the accident happened in the course of his employment. The Commissioner under the Act (for short 'The Commissioner') awarded nearly half a lakh of rupees to the claimant. Appellant is challenging the award in this appeal.

(2.) The tragedy occurred on 24-8-1990. The claimant was aged 35 then. His wife and three, tiny children were depending on him for their livelihood, but now he depends on them even for answering the nature's call. Appellant did not dispute that the claimant had fallen from the tree and that devastating catastrophe had befallen him. But appellant disclaims liability in this matter on the contention that the victim was not engaged by him at all.

(3.) The case of the claimant was that appellant was a trader in timber and firewood and he used to purchase tree from land owners to use the timber for his trade; and he used to employ the claimant for cutting down such trees and also for slicing the timber thereof. The mango tree from which he slipped down was standing on the land of second respondent, and according to the claimant, the timber in the said tree was purchased by the appellant for his trade. He further contended that he was engaged by the appellant on the tragic day for felling the tree and for converting its timber into splinters.