SONI RAMESHCHANDRA PRABHUDAS Vs. KOLI MANDA KARSAN

JUDGEMENT

(1.) BY way of this appeal, the appellant-original opponent has challenged the judgment and award dated 31/3/1983 passed by the learned Commissioner for Workmen Compensation in Workmen Compensation Case No. 55 of 1982 wherein the Commissioner for Workmen Compensation has awarded the compensation of Rs. 15,285/- with interest at the rate of 6% per annum from the date of accident till its realisation.

(2.) BRIEF facts of the case is that the applicant-petitioner is a poor, backward class person and is only earning member of the family. He was doing masonry work since about last 30 years. The applicant was working as a mason for the house owned by opponent or his father before one and half month prior to 26/8/1982 and earning Rs. 30/- per day. When the applicant was doing masonry work at the first floor of the house of opponent on 26/8/1982, at about 11:30 a. m. , all of a sudden the iron bar was broken down and as a result of which the petitioner fell down on the earth from the floor from the hight of about 15 feet and sustained injuries. Thereafter, he was removed to the hospital of Dr. Parmar and he was operated and treated as indoor patient since 26/8/1982 to 9/9/1982. The applicant has got permanent disability due to said injuries and therefore, he has claimed compensation of Rs. 50,000/ -. The learned Commissioner for the Workmen Compensation after hearing the matter, partly allowed the application of the applicant and has awarded compensation as stated above. Heard learned advocates for the respective parties.

(3.) THE contention which has been raised by the present appellant is that the claimant-original applicant was not his employee and does not fall within the definition of 'workman' as defined under the Workmen Compensation Act. The Workmen Compensation Authority in para 6, 7 and 8 discussed the same and came to the conclusion that the he was an employee and falls within the definition of 'workman' as defined under the Workmen Compensation Act. Nothing is pointed out to take a different view of the matter.