SACHIDANANDAM Vs. GOVINDARAJ

JUDGEMENT

(1.) THE first respondent filed an application for compensation under Section 10(1) of the Workmen's Compensation Act. (hereinafter referred to as 'Act'). THE allegations contained in the claim petition are as follows:

(2.) THE applicant is a workman employed by the opposite party (appellant herein) for constructing shed for water pumpset for irrigation to lands and for proper maintenance of pumping equipments used for lifting the water from well. On 07.02.2000, at about 2.30 p.m when the applicant was in the construction of the pumpset, opposite party No.1 came and requested opposite party No,2 to look into her oil pumpset nearby as the running pump-set engine which was running, could not be stopped. Hence the opposite party No,2 directed the applicant to go and look into the same. THE applicant, in obedience to the direction of the opposite party No,2 and for the benefit of the opposite party No.1 proceeded towards oil pump-set nearby in the field of opposite party No.1. Even as the applicant was nearing, the oil pump-set burst and hit on his right knee which chipped off the right knee cap resulting in bleeding injuries. THE opposite parties and others present, admitted him to C.M.C. Hospital. THE monthly wages of the applicant is Rs.3,000/-. Hence a sum of Rs.2,36,472/- has been claimed as compensation from the second opposite party.

(3.) THE above said award passed by the Commissioner of Workmen's Compensation is under challenge before this Court in this appeal.