This appeal is directed against the order dated 23.05.2000 passed by the Deputy Commissioner for Workmen Compensation, Coimbatore, in W.C. No: 132 of 2000 filed by the employer / 1st opposite Party. The appellant is the 1st opposite Party who filed the appeal against the award of a sum of Rs. 44,200/- in favour of the applicant who sustained injuries and suffered disability due to an accident which occurred in the course and arising out of employment at the work spot namely in the house of the 1st opposite party, under the supervision of the 2nd opposite party. The Deputy Commissioner had appraised the evidence and after a full fledged enquiry, came to the conclusion of awarding a sum of Rs. 44,200/- in favour of the applicant against which the present appeal has been preferred by the 1st opposite Party – the employer.

2. The points for consideration in this appeal are

(1) As to whether the applicant was a workman under the 1st opposite party at the time of the alleged incident and if so, whether the 1st opposite party is liable to pay compensation to the applicant under Workmen Compensation Act ? and

(2) Whether the compensation of Rs.44,200/- as awarded by the Deputy C