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1958 Supreme(All) 28

J.K.TANDON
MAKHAN LAL MARWARI – Appellant
Versus
AUDH BEHARI LAL – Respondent


Advocates Appeared:
D.P.Khare, H.K.Ghose, K.S.Verma

J. K. TANDON, J.

( 1 ) THIS is an appeal under section 30 of the Workmens Compensation Act, 1923, against an order dated the 1st December, 1953, passed by the Commissioner under that Act and has arisen under the following circumstances:


( 2 ) THE respondent Avadh Bihari Lal claimed that he was a workman and was working as a fitter on the fodder-cutting machine owned and worked by the appellant. He was working at it on 1-1-1953 and cutting fodder when his right arm accidentally slipped into the machine and five fingers were cut off and his right arm was also rendered useless. Admittedly, he was thereafter treated for this injury in the hospital but the fingers were finally lost. On 30-1-1953 Avadh Bihari Lal moved the Labour Commiasioner for awarding the compensation under the Workmens Compensation Act, 1923, for the aforesaid injury. This application was later sent By the Labour Commissioner to the District Magistrate, Sitapur, on 17-2-1953 for awarding Compensation to Avadh Bihari Lal under the Act. As, however, this application was not considered to be in proper form by the Additional District Magistrate, who was Commissioner under the Workmens Compensation Act, Avadh Bihari Lal w















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