DIRECTOR, KMF MOTHER DAIRY Vs. G.H.NAGARAJU

JUDGEMENT

(1.) The Karnataka Milk Federation Mother Dairy is before this Court assailing the judgment and order dtd. 15/6/2015 passed in ECA No.141/2014 on the file of the IX Additional Small Causes Judge and XXXIV A.C.M.M. Court of Small Causes, Member, MACT-7, Bangalore, (hereinafter referred to as 'Tribunal' for short) whereby the Tribunal by the impugned order held that respondent is entitled for compensation of Rs.4,37,916.00 with interest at the rate of 12% per annum from 21/2/2013 till the date of payment.

(2.) Facts are that, the respondent, a permanent employee of the appellant, working as a technical officer, on 21/1/2013 when he was repairing the Conveyer Motor, the motor started running and his left hand forefinger got injured. Due to the impact of the accident the respondent's forefinger was amputated. He filed a claim petition seeking compensation before the Tribunal. The claim made by the respondent is that he is working as a technical officer, who while discharging his duty during the course of his employment has suffered the injury, which led to permanent disablement and sought for compensation.

(3.) The claim was resisted by the appellant interalia contending that the respondent is to be termed as "Workman" under Sec. 2(s) of the Industrial Disputes Act and as such he is not entitled for compensation under the Workmen Compensation Act, 1963 (hereinafter referred to as the 'Act' for short). Further the injury sustained by the respondent was due to his negligence, the same cannot be attributed to the employer. The medical expenses were borne by the appellant as benefit for inpatient medical claims of the employees, he was given medical leave with full salary, inspite of receiving full amount and benefits, a false claim is filed.