MUKHTIAR SINGH Vs. AMAR SINGH

JUDGEMENT

(1.) Mukhtiar Singh has filed the present appeal to challenge the order dated 10.10.1978 passed by the Senior Sub Judge, Sangrur, while exercising the powers of Commissioner under the Workman's Compensation Act.

(2.) The appellant had filed a petition before the Court below claiming that he was employed with the respondent and on 24.2.1977, during the course of his employment, he had suffered injury on his left hand while working on an electric motor. He had indicated that he was getting daily wages of Rs. 10/- and had served a legal notice to pay the compensation due to him, but to no avail. Since he had suffered 70% disability, the petitioner had claimed a sum of Rs. 17,640/- along with interest @ 6% p.a. and penalty of Rs. 8,820/-.

(3.) The petition was contested on various grounds which included an objection to the effect that the petitioner was not a workman and he was a sharecropper with the respondent and was entitled to receive l/5th share of produce. The respondent, it was submitted, was not paying to the petitioner anything from his own pocket. It was also asserted that the petitioner was doing his personal work at the time of accident and since the injuries had not been sustained during the course of the employment, therefore, he was not entitled to receive any compensation from the respondent. It was indicated that out of generosity, the respondent had spent a sum of Rs. 1000/- when he had removed the petitioner to the Civil Hospital though he was under no legal obligation to do so. From the stand taken by the parties, following issues were framed:-