PANCHANAN GHOSE Vs. BHAGGU BARI

JUDGEMENT

(1.) THIS is an appeal by the employer from an order of the Commissioner for workmen's compensation awarding the respondent a sum of Rs. 441 together with certain costs as compensation in respect of an accident.

(2.) THE workman's case was that he was employed by the appellant to load certain bricks into a lorry, to travel with the lorry and unload the bricks on arriving at the lorry's destination. It is said that whilst the respondent was travelling in this lorry on some day about seven months before the hearing before the Commissioner, the lorry travelling along a narrow path overturned. The workman who was travelling on the lorry, it is said, was thrown into a tank along side this narrow path and was injured by bricks from the overturned lorry falling upon him. The workman's case was that he sustained injuries in the chest and on left hand, left knee and waist.

(3.) EVIDENCE was called before the Com -missioner upon which he held that the respondent had been injured by accident arising out of and in the course of his employment and assessed the compensation at the sum of Rs. 441 for partial disablement.