PANCHA MERAMAN Vs. PATEL GORDHAN LALJI BAKORI

JUDGEMENT

(1.) By way of present appeal, the appellant has challenged the impugned order dated 30th June 1986 passed by the Civil Judge (S.D.) and Ex.Officio Commissioner for Workmen's Compensation, Jamnagar, whereby the application of the appellant has been rejected.

(2.) It is the case of the appellant in brief that the respondent was an agriculturist and the appellant was dong partly agricultural work and partly labour work in the field of the respondent. Since there was work of crushing sugarcane, the appellant was attending the said work and getting an amount of Rs.25/- per day and was also doing other works and in toto, he was earning an amount of Rs.1000/- per month. It is further the case of the appellant that on 05th April 1984 the appellant was on his duty on crushing machine of the respondent in his field and accidentally his hand sustained injuries in the crushing machine, which remained uncovered and subsequently, on account of the same his thumb and one finger were amputated. Therefore, the appellant filed Workmen's Compensation Application, which ultimately came to be rejected. Hence, present appeal.

(3.) Mr.Rajan Shah, learned advocate for the appellant, has submitted that the learned Judge erred in interpreting the provision of Section 2(1)(n) of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act'); that the appellant was employed as a casual labourer since the work of crushing sugarcane is a seasonal business and he was not employed for an ordinary labour work and that the appellant was injured during the course of his employment with the respondent. In view above submissions, it is prayed that the appeal may be allowed by allowing the claim of the appellant herein.