KOLI MANSUKH RANA Vs. PATEL NATHA RAMJI

JUDGEMENT

(1.) The present appeal is directed against the judgment and award passed by the learned Judge, Labour Court and Ex-officio Commissioner for Workmen's Compensation, Rajkot, ('Commissioner' for short, hereinafter) in W. C. (N. F.) Application No. 14 of 1981, by invoking the aids of the provisions of Sec. 30 of the Workmen's Compensation Act, 1923 ('Act' for short, hereinafter). The appellant is the original applicant/ workman and the respondent herein is the original opponent/employer. Therefore, they are hereinafter referred to as 'workman' and 'employer" for the sake of convenience and brevity.

(2.) The workman claimed compensation of Rs. 16,128.00 for personal accidental injuries sustained by him when he was attending sugar-cane crushing machine, on 10-2-1981. The workman was earning monthly wages of Rs. 330.00. On the day of the accident, his right hand was crushed in the said crushing machine, which resulted into the permanent partial disablement to the extent of 60%. The workman contended that he was working with the opponent/employer and he sustained injuries in the course of and out of his employment with the opponent/employer. Despite notice being served, the employer did not pay compensation. Therefore, the workman filed the aforesaid application for compensation.

(3.) . The employer appeared and resisted the application for compensation by filing written statement, at Ex. 9. He, inter alia, contended that the applicant is not a workman as defined under the Act. He admitted the factum of the accident and the resultant injury arising out of the accident on 10-2-1981. He denied that the applicant was his employee. It was pleaded by him that the applicant being a relative of one Bachu Nanji who was his contractor, had unauthorisedly tampered with the crushing machine and, therefore, he is not entitled to any compensation.