SHIV LAL Vs. PUNJAB STATE ELECTRICITY BOARD

JUDGEMENT

(1.) APPELLANT Shiv Lal filed a claim petition under the Workmen's Compensation Act (for short the Act) on the ground that while working as a work charge T. Mate under T. L. S. C. Sub-Division, 5 Punjab State Electricity Board, he amputated his left hand thumb and the index ringer while unloading a machine on 30 April 1985, in the course of his employment with T. L. S. C. Sub-Division. The application was rejected on the solitary ground that the claimant had failed to prove that he received injuries in the course of his employment with the respondents.

(2.) THE learned counsel for the appellant has taken exception to the finding recorded by the learned trial judge under issue (1) It was held that the appellant had failed to prove that the injury was sustained by him while on duty. The learned counsel for the appellant placed strong reliance on the testimony of A. W. 3, Sri Harbhajan Singh, I. E. , T. L. S. C. Sub-Division, Punjab State Electricity Board, Patiala. In examinationin-chief, he stated as under:-

(3.) UNDER issue (2), the learned trial Judge has given a positive finding that the appellant was drawing a salary of Rs. 665 per month as workcharge.