C MUNISWAMY Vs. T RAJAMOORTHY

JUDGEMENT

(1.) THIS appeal coming for hearing on this day upon perusing the petition of appeal, the order of the lower Court, and the material papers in the case, and upon hearing the arguments of Mr. R. K. Ravindran for M/s. V. Natarajan and Nicholas, Advocates for the applicant and of Mr. T. Dhanyakumar, Advocate for the respondent the Court made the following order: C. Muniswamy vs. T. Rajamoorthy (05. 08. 1987 -MADHC) Page 2 of 4 The appellant-workman is the appellant. The appeal is against the order passed by the Commissioner for Workmen's Compensation, Salem, dismissing the petition filed by the appellant for compensation for the injury received by him during and in the course of employment under the respondent. The appellant filed the application stating that he received an injury, namely, the loss of his fingers while he was employed by the respondent for feeding the harvested paddy crop into the machine and he lost his fingers while he was feeding the harvested paddy crop into the thrashing machine. He claimed a compensation of Rs. 6,000/- on the basis that he was given a monthly wage of Rs. 150/ -.

(2.) THE application was resisted by the opposite party (the respondent herein) stating that the appellant was not under his employment and he did not suffer any injury in any accident during and in the course of employment by him and he was not liable for the compensation claimed.

(3.) BEFORE the Commissioner for workmen's compensation the appellant, his sister and another Karuppan had been examined. The opposite party and a driver by name Mani of the machine had been examined on behalf of the opposite party. The Commissioner, in his order, held that there was an accident resulting in the loss of two fingers of the appellant, but the appellant failed to prove the employment under the opposite party and therefore, the claim was negatived and the petition was dismissed. Hence this appeal.