Respondent-Jayapalan is a worker in the appellant-Tamil Nadu Cements Corporation, Ariyalur, Trichy District On July 29, 1988 at 3.45 p.m., when he was on his way to take his tool box in the factory, unexpectedly the stainless steel rod under drilling in the HMT lathe got twisted and hit on him violently with great velocity as a result of which he had sustained injuries in his hip, left forearm and beneath right eye on his cheek. He was immediately given first aid and later on treated at Raja Mirasudar Hospital, Thanjavur and A.K.C. Nursing Home. Contending that the accident arose out of and in the course of the employment, he claimed Rs. 19, 940/- as damages from the Management in W.C. No. 61 of 1990 on the file of the Commissioner for Workmen's Compensation. The appellant-Cements Corporation though conceded that the worker was on duty in the factory at the relevant time resisted the claim on the ground that the worker had no necessity to go near the lathe without taking necessary precautions under safety rules and in contravention of the orders of the Management. The Commissioner holding that only because the tool box was placed near the lathe, the respondent had to go