TULSIRAM S/O NANDRAM KHATI Vs. DARYAOBAI

JUDGEMENT

(1.) HEARD Mr. V. K. Gangwal, counsel for the appellant and Mr. H. S. Rajpal, counsel for the respondent. This appeal is heard finally as a very short point has been involved for adjudication and the respondent is making a prayer for permitting her to withdraw the amount which has been deposited by the appellant in the office of the Tribunal and counsel appearing for parties have consented to the final hearing of this appeal at this stage.

(2.) THE appellant is hereby assailing correctness, propriety and legality of the order which has been passed by the Commissioner, Workmen's Compensation, Labour Court, Indore in the matter of Case No. 37/1987 W. C. N. F dated January 24, 1997 by which he directed the appellant to pay the compensation to the respondent to the tune of Rs. 35,470/- towards compensation, Rs. 7,000/-as penalty totalling Rs. 52,470/ along with interest at the rate of 6% per annum.

(3.) FEW facts need to be stated for the purpose of unfolding the case. It has been alleged by the respondent that respondent was working in the night between March 20, 1987 and March 21, 1987 at 11. 00 pm. at thresher machine belonging to the appellant which was threshing out wheat. In the process, her left hand got affected by the thresher machine and it was cut off. The appellant had contended before the Commissioner. Workmen's Compensation that respondent was not his employee, but was wife of his employee Gendalal and she had no business to go near the said threshing machine. It was contended by the appellant that the said work of threshing out the wheat was assigned on contract to the husband respondent Gendalal and one Hindusingh S/o Mangaji. It was contended by the appellant that respondent had come to the said thresher machine at that time for the purpose of providing dinner to her husband Gendalal.