( 1 ) THIS appeal is directed against the judgment and award passed by the learned Commissioner for Workmen Compensation, at Jamnagar, on 15-9-1982, in a Workmen Compensation Application No. 18 of 1979. Thus, the appellate has invoked the aids of the provisions of Sec. 30 of the workmens Compensation Act, 1923 ("act" for short, hereinafter ).

( 2 ) THE facts leading to the rise of the present appeal may be, shortly, stated at this juncture so as to appreciate the merits of the appeal and challenge against it.

( 3 ) THE present appellant is the original opponent No. 1-Company, present respondent No. 1 is the original claimant and present respondent no. 2 is the original opponent No. 2-Contractor. The claimant, Koli Gordhan, filed the aforesaid application for compensation under Sec. 3 of the Act. The claimant, inter alia, contended in his compensation application that he was a workman of the original opponents. That during the course of the employment with the opponents, on 23-3-1977, the claimant, while he was spreading sand on rail, fell down on rail and his hand came under the wheel of the loco engineer passing at that time. Thus, he contended that he sustained ser