Rajendra Nath Mittal, J. - (1.) THIS is an appeal against the order of the Commissioner under the Workmen's Compensation Act, Gurdaspur, dated 31st March, 1975, granting an amount of Rs. 7,000 to the claimants.
(2.) BRIEFLY , the facts are, that Gurdas Mal, employer is an agriculturist engaged in the business of agriculture. He had installed a tubewell in his field which was run by an electric motor. The electric motor fell down 10 feet below the surface level of the land. The employer employed Amanant and other labourers for taking it out of the pit. The labourers had worked for about seven days before the 12th September, 1973, the date of the accident. It is stated that the deceased along with the Respondent and uncle of the latter were inside the pit on the date of the accident. The walls of the pit collapsed and all the three received injuries. Amanat's injuries proved fatal. It is alleged that the deceased was employed at the rate of Rs. 5 per day and thus his monthly wages were Rs. 150. The claimants filed an application under the Act claiming a sum of Rs. 10,000 as compensation. The application was contested by the Respondent who pleaded that the electric motor and the tubewell did not belong to him but belonged to his brother Parkash Lal. He further pleaded that the deceased was in the employment of Mohinder Singh, contractor working at the tube -well and was a casual labourer at Rs. 60 P.M. He denied that the deceased was in his employment.
(3.) THE Commissioner held that the deceased was a workman and that he was in the employment of the Respondent and died during the course of employment. He further held that the claimants were entitled to Rs. 7,000 as compensation. Consequently, he allowed the application and directed the Respondent to pay Rs. 7,000 as compensation to the claimants. The employer has come up in appeal to this Court.;