SHAMBHU DATT Vs. JAGDISH PRASAD

JUDGEMENT

(1.) This is an appeal against an order dated 22-3-1952 passed by Additional District Magistrate, Meerut functioning as Commissioner under the Indian Workmen's Compensation Act, rejecting the appellant's prayer for compensation. The appellant Shambhu Datt filed an application fox compensation against the respondent Jag-dish Prasad for compensation in respect of an injury to his finger. The employer pleaded in defence that the injury was caused because Shambhu Datt was under the influence of drink at the time and, in that state, he disobeyed the express orders of the employer, and, instead of stopping the machine, started repairing it while the engine was still runing. As a direct result of his own conduct, his finger was cut off.

(2.) The parties led evidence. The Commissioner believed the testimony of Dr. R.S. Goel that Shambhu Datt was very much under the influence of drink when he examined him. Consequently, he dismissed the claim under Section 3(1)(b)(i) which provides that an employer shall not be liable in respect of any injury caused by an accident which is directly attributable to the workman having been under the influence of drink or drugs at the time of the injury. Aggrieved by this decision Shambhu Datt has come to this Court in appeal.

(3.) Mr. Yudishthira, learned counsel for the appellant attacked the finding of the Commissioner on the ground that it was based on no evidence. After examining the order of the Commissioner and the testimony of Dr. R.S. Goel a certified copy of which was supplied by learned counsel -- I am of the opinion that this contention is correct.