NATH MAL MUNDRA Vs. SHANKER DUTT

JUDGEMENT

(1.) THIS is an appeal under sec. 30 of the Workmen's Compensation Act. 1923 (Act No. VIII of 1923) against the orders of the Workmen's Compensation Commissioner, Bhilwara dated 14th May 1954 and 24th February 1954. It arises out of an application which was filed by the respondent under sec. 22 of the said Act.

(2.) THE appellant in this case is the proprietor of Vasundra Products, Bhilwara, and prospecting operations regarding mica mines were being carried on his behalf. THE respondent's case was that he was a workman of the appellant and that on the 3rd of April, 1953 he and one Hulas Rai were busy carrying on prospecting operations in Chatar-pura village under the appellant's instructions On that day the owner of the field along with his relatives took the applicant unawares and made an attack upon him and Hulas Rai. Hulas Rai was killed on the spot while the respondent received grievious injuries on account of which his right hand had to be amputated below the elbow. He. therefore, claimed a compensation of Rs. 2940/ -. THE appellant admitted before the Compensation Commissioner that the respondent was his Assistant Manager and also that he was injured on the said date. It was, however, contended by him that the respondent was specially instructed by the appellant's circle manager not to carry on prospecting operations at the site of occurrence, and that he had worked in that area contrary to the appellant's instructions. It was further urged that the incident did not take place during the course of the respondent's employment and therefore he was not entitled to any compensation. THE following five issues were framed by the Commissioner - (1) Whether the accident of Shanker Datta arose out of his employment; (2) Whether the accident was in the course of his employment; (3) Whether the amount of compensation claimed or any part of that amount is due. (4) Whether Shanker Dutt is a workman; (5) Whether the applicant was drawing Rs. 100/- as monthly salary. After recording evidence of both the parties the learned Commissioner decided all the issues against the appellant and ordered him to pay Rs. 2940/- as compensation to the respondent. This order was given on 24th February, 1954. It was later amended by him and the compensation was fixed at Rs. 2520/- on 14th May, 1954 It is against these two orders that the present appeal has been filed.