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1990 Supreme(Guj) 33

V.H.BHAIRAVIA, A.P.RAVANI
STATE OF GUJARAT – Appellant
Versus
RAJENDRA KHODABHAI DESHDIA – Respondent


Advocates Appeared: D.B.DESAI

B. H. BHAIRAVIA, J.

( 1 ) IS an employee of the State Government, being a Civil servant, not covered by the provisions of the Workmens Compensation Act, 1923 ? Even when earning of a workman may increase after he suffers an accident, would he be entitled to claim compensation from the employer ? These are some of the questions which have arisen in this appeal under Sec. 30 of the Workmens compensation Act, 1923 filed by the employer-State of Gujarat. Respondent workman was serving as forest guard. On 14/05/1984 while on duty he saw a metador vehicle loaded with logs of wood. As part of his duty to safeguard the forest wood he intercepted the metador and tried to detain it. But he could not. Hence he pursued the metador and over-reached the same. On being questioned, the inmates of the metador got angry and one of them assaulted the workman and inflicted sword blow on his right hand. He was removed to civil Hospital at Ahmedabad and was required to undergo treatment for some time. He was ultimately cured, but with some impairment in his right hand. Below the wrist of his right hand he lost some functional powers. Doctor certified that the workman had suffered permanent partial disabi


















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