Gopal Singh, J. - (1.) THIS is an appeal by Messrs. Bhiwani Textile Mills, Bhiwani, against the Employees' State Insurance Corporation and Shri Ganpat Rai Mangla, its Manager. It is directed against the order of Shri S.P. Mittal, Employees' State Insurance Court, Bhiwani dated July 30, 1970.
(2.) PACTS leading to the appeal are as under: Munshi Ram was employed as Reeler in the concern of the Appellant. He started working at 10.30 a.m. on May 31, 1965. After having worked for some time, he proceeded towards the side where the Bundle Press was working to dump the reeled yarn. His foot slipped and his right hand got entangled in the moving belt and the pulley and the little finger of his right hand was cut off.
(3.) AN application under Section 75(2)(c) of the Employees' State Insurance Act, 1948 (hereinafter referred to as the Act) was made by Respondent No. 1 against the Appellant and Respondent No. 2, claiming on account of mutilation of the little finger of Munshi Ram, a sum of Rs. 2,553.72, on the ground that the accident resulting in mutilation of the little finger of Munshi Ram occurred as a result of negligence on the part of the Appellant in not providing a fencing around the Press and the space where the belt moved. It was pleaded that the Corporation was entitled to claim Rs. 243.72 on account of temporary disablement and the remaining on account of permanent disablement of the employee. In their written statement, the Respondents controverted the above allegations and denied that the Applicant was entitled to any compensation.;