FAKIRAGRAM RICE MILLS Vs. RAMU INDU

JUDGEMENT

(1.) THIS is an appeal under Section 30, Workmen's Compensation Act from an order passed by the Commissioner for Workmen's Compensation, Goalpara, dated 29th November 1949, by which he awarded a sum of Rs. 1,470 to the respondent, on Ramu Indu, a workman within the meaning of the Workmen's Compensation Act in respect of injuries received by him, which resulted according to the Commissioner, in the loss of his left arm below the elbow and reduced his earning capacity by 50 per cent, in accordance with the schedule attached to the Act.

(2.) THE respondent was injured in the course of his employment on 22nd May 1949. As a result of serious injuries caused to his hand, he was forthwith removed to the Dhubri Civil Hospital where he was detained for over 2 months; he was discharged from the Hospital on 25th July 1949 : 4 days later he appeared before the Deputy Commissioner, Goalpara, an ex -officio Commissioner under the Workmen's Compensation Act, and complained to him that while oiling the mill belonging to the Fakiragram Rice Mills, his left hand was fractured, resulting in his detention in hospital from 22nd May 1949 to 25th July 1949; his daily wages were Rs. 2 -5.0 and he had worked continuously for 10 months.

(3.) THE learned Commissioner came to the conclusion from the evidence that the respondent and his wife both worked in the Mill and had quarters provided for them by the Mill authorities; he held that the respondent was not a casual labourer and that the accident occurred in the performance of his duties as a workman employed by the Mill.