ROHTASH Vs. COMMISSIONER WORKMENS COMPENSATION ACT, HISAR

JUDGEMENT

(1.) THE appeal was filed by Rohtash, who was the claimant before the Commissioner under the Workmen's Compensation Act, Hisar, as his claim petition was dismissed.

(2.) THE claim was preferred by the appellant stating that he was employed with respondent No.2 herein, as Carpenter at monthly salary of Rs.600/ -. From January 1988 to October 1991, his salary was raised to Rs.1300/ - per month gradually. On 13.2.1991, he was working in the premises of the employer, who assigned him the work of making a double bed. He told the appellant that the quality of work was very poor. He said that on account of poor workmanship, he was subjected to a loss of Rs.200/ - and respondent No.2 became enraged and hit the appellant with a hammer. The appellant suffered a fracture and was unable to perform his duty for a long time and suffered a loss of Rs.1800/ - per month. He also spent Rs.5000/ - on his treatment.

(3.) THE above facts are given in detail to show that the claimant had filed the petition for an injury which could not be said to have been suffered during the course of employment. Simply because he was on duty, it would not mean that any kind of injury suffered by him for whatever reason would be taken to be an injury during the course of employment. Whatever transpired at that time was criminal assault on the part of the employer and for that the appellant should have reported the matter to the police.