HITESH KUMAR Vs. DIVISIONAL FOREST OFFICER & ORS

JUDGEMENT

(1.) This appeal has been admitted on the following substantial questions of law:

(2.) The petitioner claims himself to be a daily wages Beldar and allegedly was engaged as such in Sunni Range of forest department in October, 2006. According to him, while performing his duties on 20.10.2006 a stone hit his right eye and as a result thereof he received injury. According to him, his right eye has completely damaged as a result of injury he received while working as casual labourer. He got himself medically checked up in IGMC Shimla where he remained under treatment during the period from 3.11.2006 to 20.11.2006. A sum of Rs. 50,000/- was incurred upon on his treatment. He, as such, has claimed the compensation to the tune of Rs. 4,00,000/- besides the medical expenses to the tune of Rs. 50,000/-.

(3.) The respondent department in reply to the petition has denied that the petitioner was a workman and working as such on daily wages in its Sunni range. It is submitted that had the injury been received by him on his eye on 20.10.2006 he would have got his eye checked up on the same day and not on 3.11.2006. It was also submitted that he had some eye problem by birth. The petitioner according to respondent remained employed as casual labourer with the department from 1st January, 2007 till 29th March, 2007 and when the work came to an end and budget stands exhausted he was retrenched with the understanding that as and when work become available he will be engaged by following the seniority.