( 1 ) THIS appeal is against the order passed by the Deputy Commissioner of Labour in Workmens Compensation Petition No. 97 of 1994.

( 2 ) THE petitioners case is as follows : The petitioner was working as a polisher under the first opposite party on a salary of Rs. 1000/-per month for the past six years. On October 26, 1993 during the course of his employment the petitioner sustained an injury on his right hand. The permanent disability caused to the petitioner on account of this employment injury is 40%. The petitioner has therefore made a claim of Rs. 49,850/ -.

( 3 ) THE first opposite party in their objection statement have not admitted the

employment of the petitioner. They have also contended that the accident was due to the negligence on the part of the petitioner and it was a simple injury. He has further contended that a sum of Rs. 1331/-was paid for medical expenses and that the petitioner has not sustained any employment injury to be paid as compensation claimed by him.

( 4 ) THE second opposite party has contended that the petitioner has been insured with a janatha Personal Accident Assurance Policy and, therefore, the claim of the petitioner would not come