HUKAM CHAND Vs. HEMI

JUDGEMENT

(1.) THIS is an appeal against the order of the Workmen's Compensation Commissioner, Jodhpur, dated the 13th of February 1954.

(2.) THE facts giving rise to it are that the appellant Hukamchand is proprietor of Bhoot Oil Mills, Jodhpur. Respondent Mt. Hemi's son Mishrilal, who was about 16 or 17 years of age, was appellant's employee at the said mill. On the night between 7th and 8th of September 1953, Mishrilal was working within the premises of the Mills. On that night he had an accident with the main shaft and it resulted in his death. THE respondent who is mother of the deceased, presented an application on the 14th of September 1953 for compensation. THE Workmen's Compensation Commissioner thereupon served a notice on the appellant on the 17th of September 1953 and directed him to submit his statement in the prescribed form indicating whether or not he was liable to pay compensation on account of said accident. THE appellant submitted his statement on the 8th of December 1953. He contested his liability to pay compensation by saying that the main duty of the deceased was to clean the strainer of the expeller, but he left his job, and started making fun with the main shaft, without the knowledge of the person in charge by fixing a bag on the main shaft to work as a fan and so it resulted in accident. THE Workmen's Compensation Commissioner, who will be referred to as 'commissioner' hereafter for the sake of brevity, has found that "the fatal accident of Misria arose out of and in the course of his employment" and so he has awarded Rs. 100/- as compensation to the respondent. It is against this order that the present appeal has been filed.