SHIVAJI HANMANTRAO MANE Vs. GOVERNMENT OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is preferred by the original claimant, whose application for compensation under the Workmen's Compensation Act, 1923 bearing No. W.C.A. No. 10 of 1985 was dismissed by the learned Commissioner under the Workmen's Compensation Act and the Judge, Labour Court, Latur on 2.9.1991.

(2.) It is case of the applicant/appellant that respondent No. 2 had undertaken a contract of construction of compound wall of Tehsil Office, Nilanga from respondent Nos. 3 and 1. On the date of accident, i.e. 16.9.1983 the appellant was engaged as a labourer on mixture machine supplied by respondent No. 3 to respondent No. 2. While working, suddenly pant of the appellant got caught in the machine and the genital organ of the appellant was crushed in the machine. because of which he fell down and became unconscious. Immediately opponent No. 2 and others removed him to the hospital at Nilanga and then he was taken at Government Hospital, at Latur and then admitted as an indoor patient in the hospital at Ambajogai. The injury resulted in permanent disablement. The applicant was indoor patient for 43 days and, therefore, he filed an application for compensation of Rs. 20,000/-. He also claimed penalty amount of 50 per cent on the compensation amount.

(3.) The respondents denied the responsibility. They denied that the appellant was employed by respondent No. 2 and the accident had arisen out of and in the course of employment. It is stated that no work was in progress. The mixture machine was being cleaned and the appellant himself was negligent in going voluntarily near the machine. It is denied that there was any disablement.