BAKSHISH SINGH Vs. PARAMJIT SINGH

JUDGEMENT

(1.) THE appellant filed an application under Section 10 of the Workmen's Compensation Act before the Commissioner. The claim having been rejected, he has filed the present appeal. A few facts may be noticed.

(2.) THE appellant claims that he was employed by the respondents for working at their farm at a wage of Rs. 300/- per mensem. Besides the salary, the respondents had also agreed to pay Rs. 100/- per month for meals. Thus, he was to get total monthly wages at the rate of Rs. 400/ -. On May 14, 1976 the appellant was working at the thresher. While pushing the fagot of wheat-chaff his hand (sic) chopped off with the blades. He was taken to the hospital and ultimately it was amputated upto the wrist. The appellant approached the Commissioner with a prayer for the award of Rs. 7,560/- as lump sum compensation. Having filed this petition in August 1976 the appellant moved for permission to amend the petition in view of the fact that the provision of the Act had been amended in the year 1976. By amending the petition the appellant claimed a compensation of Rs. 16,140/- Vide order dated May 7, 1977 the prayer for amendment was allowed by the Court on payment of Rs. 15/- as costs.

(3.) THE respondent denied the claim in totality. They pleaded that the appellant had not joined service with them. According to the respondents the appellant was working with one Swaran Singh on a daily wage Rs. 10/- for threshing wheat. After he had finished with the wheat of Swaran Singh, he had started thrashing his own wheat sheaves, which he had acquired by cutting the crop in the neighbourhood, with the thresher of Swaran Singh on payment. Since the appellant is addicted to taking capsules and other intoxicants, he had taken capsules and was under the spell and intoxication of capsules. The accident was caused to the applicant while in undue haste in his bid to finish the threshing of his wheat sheaves and under the spell and intoxication of capsules during the threshing carried on by him".