MADHO RAM Vs. BRIJ LAL SHARMA

JUDGEMENT

(1.) AN application was made by Madho Ram under Sections 3, 19 and 22 of the Workmen's Compensation Act, 1923 The application was dismissed and he has come to this Court in appeal.

(2.) MADHO Ram was an employee of Brij Lal Sharma, proprietor, Sharman Steel Works, Ambala City, On 4 July 1961, be was working on a belt-pulley fixed on a lathe in the "factory of the respondent which is known as Sharman Steel Works, Ambala City. " While on duty his half left-thumb was chopped off from met pharyngeal joint on account of non-provision of safety guards and lever on the loose pulley on the lathe. On account of that injury, the appellant remained in hospital from 4 to 13 July 1961. He claimed Rs. 840 by way of compensation for the injury and Rs, 12. 60 on account of interest. Rupees 420 were also claimed on account of 50 per cent penalty on the amount of compensation. The total amount claimed thus came to Rs. 1,272. 60.

(3.) ON behalf of the respondent, it was admitted that Madho Ram was his employee, but it was pleaded that the injury resulted due to the negligence of the appellant. It was pleaded that the alleged accident took place because of Madho Ram's wilful disobedience to the rules and instructions applicable to the workers on the lathes, for example, that whenever any article is being measured on the lathe, the lathe should in no case be kept in motion. It was also stated that the appellant violated the role of safety and tried to measure the depth of the groove without stopping the lathe whenever the outing tool was not fixed on the tool-holder.