RAJENDRA SHARMA Vs. TINKU

JUDGEMENT

(1.) This first appeal filed under Section 30 of the Employees Compensation Act, 1923 impugns the judgment of the Employees Compensation Commissioner dated 22.02.2016 by which the Employees Compensation Commissioner has allowed the claim petition filed by the respondent/claimant and awarded an amount of Rs. 1,97,459/- along with interest at 12% per annum from the date of the accident being 07.02.2009.

(2.) The facts of the case pleaded by the respondent/claimant before the Employees Compensation Commissioner were that he was working with the appellant at the appellant's toy factory since one year prior to the date of accident on 07.02.2009. It was pleaded by the respondent/claimant that on 07.02.2009 at 5:00 p.m. when he was working on the pressure machine in the toy factory of the appellant, four fingers of his left hand got crushed/amputated in the defective pressure machine. The respondent/claimant pleaded that after the accident he was taken to Kavita Nursing Home for treatment by the appellant with the help of other workers of the factory and he was assured by the appellant that all the help will be given to him including medical facility, however, appellant did not adhere to his promise, and therefore, respondent/claimant ultimately filed a police complaint on 27.10.2009 and thereafter filed the subject claim petition.

(3.) The appellant contested the claim petition and denied that the respondent/claimant was ever employed by the appellant. Appellant also denied that any accident happened on 07.02.2009. Appellant, accordingly, prayed for dismissal of the claim petition.