SAMPURAN SINGH Vs. MUKHTIAR SINGH

JUDGEMENT

(1.) THIS first appeal has been filed by the employer-Sampuran Singh against order dated December 13, 1978 passed by the Commissioner, Ludhiana, under the Workmen's Compensation Act, granting compensation of Rs. 12,600/- to Mukhtiar Singh, the workman, for the injuries suffered by him in the course of employment while working on a thrasher.

(2.) THE workman claimed compensation on an application filed under Section 10 of the Workmen's Compensation Act (hereinafter called 'the Act' ). He was employed with Sampuran Singh and getting Rs. 160/per mensem as wages plus meals worth Rs. 50/ -. On May 2, 1976 at about 9. 30 a. m. when he was engaged for thrashing the wheat of the employer, his right hand was involved in the thrasher resulting in chopping off all the four fingers and the thumb. He was admitted to the hospital and the injuries suffered were to the extent of 50% disability. After notice was served the claim was filed. Though initially lesser amount was claimed, however he got the claim application amended and claimed Rs. 12,600/-The employer contested the claim, inter alia, alleging that the Workmen's Compensation (Amendment) Act, 1976, was not applicable to the case in hand as it was amended on May 21, 1976; whereas the alleged accident had taken place earlier. The workman was only entitled to Rs. 5600/- under the old Act, if at all entitled to. It was denied that the workman was employed with him. Payment of wages was also denied. The accident took place due to the negligence of the workman himself while he was thrashing his own wheat by means of a thrasher belonging to one Kashmira Singh.

(3.) ON these pleadings the following issues were framed:-