SULHAR Vs. YASHPAL

JUDGEMENT

(1.) THIS is an appeal under Section 30 of the Workmen's Compensation Act filed against the judgment of the Commissioner, Workmen's Compensation.

(2.) THE case of the Respondent was that he was employed on the farm of the Appellant. In the month of March 1971, while working on sugarcane crushing machine, he received injury in his right hand as a result of which three of his fingers had to be amputated. The Respondent claimed that he was employed on a monthly wage of Rs. 70/ -. He claimed a sum of Rs. 2,000/ - by way of compensation.

(3.) THE Compensation Commissioner framed three issues and after recording evidence, gave findings to the effect that the Respondent was an employee of the Appellant and received the injury during the course of his employment with the Appellant. He also held that the case of the Respondent came within the purview of Workmen's Compensation Act. Aggrieved against this decision, the Appellant filed F.A.F.O. No. 33 of 972. The appeal was allowed by Hon'ble A. Banerji, J. on 7 -12 -73 and the Compensation Commissioner was directed to decide the question whether the Respondent received the injury during the course of his employment as a workman employed in farming by tractor or other contrivances driven by steam or other mechanical power or by electricity. After remand, the Compensation Commissioner found that the Appellant was having a power driven 'Charkhi' on which the Respondent was working as an employee when the incident was caused. He held that the case was covered by Item No. XXIX of Schedule II to the Workmen's Compensation Act. The Appellant filed the present appeal.