BAJE ALIAS BAJESINGH Vs. AYUB KARIM

JUDGEMENT

(1.) THIS appeal is directed under Section 30 of the workmen's Compensation Act ( for short the Act) against the order dated 21. 8. 2002 passed by the Commissioner for Workmen compensation, Labour Court Dewas, ( for short the Commissioner)in Case No. 6/wcnf/2001.

(2.) THE appellant claimant filed a claim petition under section 10 of the Act (for short Act) seeking compensation from the respondents for injury resulted in amputation of his left hand below elbow sustained on 27. 3. 2000 by him arising out of and during the course of his employment. According to the claim petition, the appellant while working as Labourer on Thresher Machine of respondents sustained grevious injuries and as a result of which, his left hand below elbow was amputated. He, therefore, claimed compensation of Rs. 3,00,000/- with penalty from the respondents.

(3.) THE respondents resisted the claim petition and stated that the appellant was employed as a Chowkidar and he was not supposed to work on the Thresher. According to them, the appellant claimant was performing the work of others when the accident occurred and as such, they are not liable to pay compensation.