T N NARAYANASWAMY Vs. PATTUSAMY

JUDGEMENT

(1.) THIS appeal is against the order passed by the Commissioner for Workmen's compensation, Tiruchirapalli W. C. Application No. 52/1986. '

(2.) THE petitioner's case is as follows : The applicant has been engaged by the Opposite Party as a workman under him on October 29, 1984. While the applicant was moving the paddy in paddy thrashing machine, his left leg was crushed and it was operated. The crushed Portion was later amputated and the disability has become permanent. The Opposite Party is evading payment of any compensation in spite of approach made by the Petitioner for the same. The applicant-petitioner was earning a sum of Rs. 40/- per day. Therefore, he makes a claim for Rs. 75,000/ -.

(3.) IN the written statement, the Opposite Party contends as follows : The petitioner was not a workman under the Opposite party. It is false to say that the respondent engaged the petitioner for moving paddy in the grinding machine. The allegation that the injury was sustained in the course of his employment is not Correct. There is no occasion or necessity for the petitioner approaching the respondent and demanding compensation. The petitioner has filed an application claiming that he was a workman employed by the Contractor on a monthly salary of Rs. 600/- in W. C. Case No. 60/1985. In the latter case, viz. , in the present case, he has made a claim that he is employed under the respondent on a daily wage of Rs. 40/ -. The inconsistent conflicting version Of the petitioner on the material aspects would prove the falsity of the claim of the petitioner. The petition is r is speculative and is liable to be dismissed.