RENGASAMY R Vs. AMALRAJ A

JUDGEMENT

(1.) Notice of motion was ordered in the civil miscellaneous appeal and so the matter was taken up. The opposite party in the workmens compensation claim is the appellant herein.

(2.) The facts of the case are as follows: The respondent herein claiming to be a helper on daily wages earning a sum of Rs.75 per day for more than three years had been engaged by the petitioner for contingency work like office maintenance, liaison, cleaning and painting work. According to the workman/ respondent in the course of such employment, the services of the petitioner was also used for work at respondents residence. On November 14, 1995 at 12 noon when the respondent was white washing the house belonging to the petitioner, he fell down from the building and sustained grievous injuries. He was treated in the Government Hospital in Tiruchirapalli and became disabled and therefore, compensation of a sum of Rs 10,000 was claimed.

(3.) The appellant herein denied that the respondent was a workman engaged by him. He denied the claim as a false claim. It was also denied that at any point of time the respondent had white washed his house. The claim itself was said to be false. The Workmens Compensation Commissioner awarded a compensation of a sum of Rs. 37,515 against which the present appeal has been filed.