JAIRAM Vs. JASWANT SINGH ALIAS FAKIRCHAND

JUDGEMENT

(1.) This judgment passed in this appeal shall also govern the disposal of connected First Appeal No. 182/1998 (Bharatsingh & anr. vs. Jaswantsingh & ors.) filed on behalf of respondents No. 3 and 4 namely Bharat Singh and Nathusingh who were arrayed as defendants No. 1 and 2 in the suit.

(2.) This appeal has been filed by defendant No. 3 against the judgment and decree passed by learned First Additional District Judge, Dhar in Civil Suit No. 40-B/1996 decreeing the compensation upto Rs. 1,05,000/- holding that each defendant is liable to pay compensation of Rs. 35,000/-.

(3.) The facts necessary for the disposal of this appeal lie in narrow compass. Suffice it to say that on 13-10-1991 in between 4-5 p.m. in Village Rogalia in the field of appellant Jairam, the wet Soyabean was being processed in the thresher machine. Plaintiff was employed as labour by Jairam and he was asked to operate the thresher machine, but, he put his inability to take out the grain of Soyabean from the thatches because the thatches were wet and it was impossible to take the grains from the wet thatches. The plaintiff further told that when the thatches of Soyabean would become dry then only the grains can be taken out but defendants did not care and they forced plaintiff/respondent No. 1 Jaswant Singh to process even the wet Soyabean. Since the crop was wet, the thresher machine was not working properly and repeatedly it was being stopped, as a result of which the plaintiff was forced to take out the grains from the thatches manually by inserting his hand in the machine. While the plaintiff was taking out the grains of Soyabean from the thatches and his right hand was in the machine, at that juncture defendant No. 1 namely Bharat Singh started thresher machine as a result of which plaintiff sustained serious injury and his hand turned into smithers.