BUPA SINGH Vs. BISHEMBER SINGH

JUDGEMENT

(1.) THIS is an appeal from the order dated 25 November 1967 of the learned Commissioner appointed under the Workmen's Compensation Act, dismissing the appellant's application for grant of compensation to the tune of Rs. 5,000 in respect of an injury alleged to have been sustained by the appellant in the course of his employment with the opposite parties who are his employers.

(2.) FOR a proper appreciation of the point involved in this application, it is necessary to set out a few facts which have a material bearing o the matter.

(3.) ON 8 March, 1961, the applicant preferred an application under Section 10 of the Workmen's Compensation Act before the Commissioner claiming Rs. 5,000 from the respondents who were his employers. He alleged that on 6 April 1958 while he was on duty at the brick-kiln of the respondents, he was asked by respondent 1 to put petrol in the feel task of his car and while doing so, the petrol caught fire in consequence of which his right-hand get brunt and damaged resulting in a permanent loss of capacity to work. The petitioner further alleged that on his demand for compensation the respondents raised his wages from Rs. 90 to Rs. 125 per month and assured to keep him in the employment for the whole period of his life and that acting on the assurance, he did not take any proceedings for compensation. He further pleaded that the respondents did not honour the commitment and prematurely discharged him from service on 5 August 1960 and that despite his notice dated 8 December 1960, they had not paid him the compensation.