1954 Supreme(Mad) 183
P.V.RAJAMANNAR, UMAMAHESWARAM
Varadarajulu Naidu – Appellant
Versus
Masaya Boyan – Respondent
Advocates:
C.R.Rajagopalachari and B.T.Sampath for the Appellants.
N.V.B.Sankara Rao for the Respondent.
Rajamannar, C.J.- This appeal against the judgment of Basheer Ahmed Sayeed, J., arises under the Workmen’s Compensation Act. The respondent filed an application before the Commissioner for workmen’s compensation claiming a compensation of Rs.2,106 on the following allegation, namely, that he was a workman employed by one V.Ramaswami Naidu, a contractor, in the month of November, 1946, and that he received a personal injury by accident, arising out of and in the course of his employment. The cause of the injury was the capsizing of the lorry belonging to the contractor and driven by his driver, when the said lorry was conveying the respondent and his fellow workmen to the workspot. The injury sustained by the respondent was the breaking of his left arm, which resulted eventually in the loss of his left arm. The said Ramaswami Naidu, the employer, died soon after the filing of the application and the reply statement was filed by his three sons as. his legal representatives . They denied that the respondent was a workman within the meaning of that term as defined in the Act, and further denied that the injury was sustained in the course of his employment under their father. The Additi
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