J.K. INDUSTRIES Vs. T.M. CHANDRASHEKAR

JUDGEMENT

(1.) This appeal is filed by the employer challenging the judgment and award dated 18.4.2011 in WCA/NFC/CR-152/2006 on the file of the Labour Officer and the Commissioner for Workmen's Compensation, Mysuru (for short 'the Commissioner'). The Commissioner has allowed the respondent's claim petition under Section 10 of the Employees' Compensation Act, 1923 (for short 'the Compensation Act') granting a total sum of Rs.1,18,236/- along with interest.

(2.) The undisputed facts are that the respondent, who was in employment with the appellant as a Serviceman, met with an accident within the appellant's factory premises in the course of his employment on 27.03.2005 at about 10:20 AM. The respondent's left knee was injured, and was immediately taken to the appellant's Occupational Health Centre. However, the respondent was later referred to M/s Raman Medical Services, Krishnarajapuram, Mysore, and he was also treated at JSS Hospital, Mysore and Vikram Hospital, Mysore. The respondent could not attend work until 25.7.2005 when he reported to work with Fitness Certificate. The appellant met with all the medical expenses.

(3.) It is also undisputed that the respondent has continued in employment with the appellant without interruption, and the respondent, as of the date of the disposal of the claim petition by the Commissioner, was working as Tyre Builder. Further, it is undisputed that the appellant has paid all timely increments to the respondent with appropriate promotions.