NEW INDIA ASSURANCE COMPANY LIMITED Vs. R SRIDHARA

JUDGEMENT

(1.) This is an Insurer's appeal against the award of the Commissioner for Workmen's Compensation, Shimoga.

(2.) The petitioner before the Commissioner was an employee of the Mannar Flaps Manufacturers, Shimoga. While he was working on 5-4-1988 his hand was caught in the machine of his employer and his left hand fingers came to be crushed. He was immediately taken to the hospital at Shimoga known as Macgan Hospital and treated there. He claimed compensation before the first respondent-Commissioner for injuries suffered in the course of his employment, in connection with the employment. He was getting a sum of Rs. 390/- per mensem as income or Rs. 13/- per day as wages. He had worked for more than 2 years with his employer. He claimed a compensation of Rs. 44,144/-.

(3.) The claim was resisted by the employer inter alia on the ground that the claimant was not being paid Rs. 390/- as wages; he was only working in Malbar Rubber Manufacturers on daily wages of Rs. 10/-. In the month of December 1987, the claimant came as helper at Rs. 12/- per day wages. The employer denied that his hand got crushed as claimed in the claim petition. It also alleged that he was not careful in the course of his employment. It was only on account of his carelessness his left hand suffered injuries. Therefore, the employer pleaded that the claim petition be rejected.