PARAS RAM Vs. MUNICIPAL CORPORATION

JUDGEMENT

(1.) THIS appeal under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as "the Act") arises out of the order of the Commissioned under the Act in case No.35/74-78 whereby the Commissioner dismissed the claim of the appellant for payment of compensation.

(2.) BRIEFLY , the facts are that the appellant was working with the respondent Corporation and while working on 25-4-1973, he received injuries to his person due to the fall of a stone Chata. He was admitted in the hospital and remained there from 25-4-1973 to 31-5-1973.

(3.) AFTER recording the evidence in the case, the Commissioner decided preliminary Issue No.3 and regular Issue No.3 against the appellant holding thereby that the appellant failed to prove that the injuries (sic) by him were scheduled injuries and that the loss of earning capacity as a result (sic) injuries was also not proved. It was also held that the appellant failed to prove that he sustained these injuries during the course of his employment. It was the result of the findings on these issues that the claim of the appellant for compensation failed before the Commissioner. This is how the matter has been brought to this court.