GOVINDBHAI BHANABHAI TADAVI Vs. DEPUTY ENGINEER

JUDGEMENT

(1.) BY way of this appeal, the original claimant has approached this Court against judgment and order of Civil Judge (S.D.), Bharuch dated 15th October 1985, whereby the application preferred by the present appellant was dismissed.

(2.) THE case of the appellant is that he was working in the department of present respondent as a labourer since 21st July 1980 and he met with an accident in a bleaching plant on 11st September 1984. At that time, he got an electrical shock on his body because of electrocution. Thus, the applicant has received injuries during the course of employment. The factum of injury is not in dispute. Only question which was raised for consideration in this appeal is whether the observations made by the authority in paragraph 7 of its judgment relying upon the decision of the Punjab and Haryana High Court reported in AIR 1964 Punjab 512, and on the basis of the same, application was rejected. Learned trial Judge has observed as under in paragraph 7 of his judgment.

(3.) IT is also found by the trial Court that since the appellant is in service, he has not lost his earning capacity.