NAUBAT Vs. EMPLOYEES STATE INSURANCE CORPORATION

JUDGEMENT

(1.) THIS appeal has been filed by Naubat under Section 82 of the Employees' State Insurance Act of 1948 against the order of the Employees' Insurance Court dismissing the application of the appellant filed under Section 75 of the Act.

(2.) THE appellant was employed in the factory of the Delhi Cloth Mills, Delhi, and there seems to be no doubt that between 6 and 6-30 a. m. on 11 October 1953, while at work he received some injury, which was described as minor injury at the time, on his left index finger. According to the appellant he developed some kind infection later as a result of which he was admitted and operated upon in the Irwin Hospital and finally his left index finger was amputated by the Civil Burgeon, Gurgaon, on 27 July 1954. He filed his application with the Employment Insurance Court almost a year later on 25 July 1955.

(3.) HIS claim was opposed on behalf of the Employees' State Insurance Corporation which raised the plea that the application was barred by time, and also raised the defence on the merits that the loss of the appellant's finger was not due to an "employment injury" as defined in Section 2 (8) of the Act, i. e. , a personal injury to an employee caused by an accident arising out of and in the course of his employment in a factory or establishment to which the Act applies. Both the defence pleas were accepted and his application was dismissed.