HASTIMAL Vs. A ARJUNAN

JUDGEMENT

(1.) BENSALI Chemicals, having its office at No. 26, Nainiappa Naicken Street, Madras-3, it is said, is a partnership firm, of which Mr. Hastimal is a partner. One A. Arjunan is said, are to be paid on daily basis and daily wages amounts to Rs. 12. However, the said employee, calculating the wages he earned in a month, fixed the same only at Rs. 288 thereby indicating that he had been provided with work for a period of 24 days in a month.

(2.) ON October 4, 1982, while he was engaged in loading nitric acid cans in a vehicle, an accident happened, in the sense the nitric acid in the cans spilling into his left eye, causing burning sensation. Despite treatment, he is said to have lost vision in his left eye. Consequently he filed an application seeking compensation for such loss of vision in his left eye in a sum of Rs. 7,560 before the Commissioner for Workmen's Compensation I, Madras-6 (The Deputy Commissioner of Labour-I, Madras (6 ).

(3.) THOUGH the firm stated in its counter that the said Arjunan was employed in the firm on daily wages, yet the claim had been resisted by contending that the loss of vision he sustained in his left eye, is not due to any accident of spilling of nitric acid in his left eye, arising in the course of his employment; that even otherwise, the loss of vision is not due to such spilling of nitric acid; but due to other causes and that therefore it is, he is not entitled to any compensation.