RAJESH DANG AND ANR Vs. BRIJ MOHAN

JUDGEMENT

(1.) The appellants impugn an order dated 08.02.2017 awarding an amount of Rs. 1,27,711/- in favour of the respondent for the injury suffered by him during the course of employment.

(2.) It is the respondents' case that he used to work for the appellants at his 'power-press' machine at monthly wages of Rs. 9,000/-. On 11.12.2014, while operating the said machine, suddenly its brakes malfunctioned due to which three fingers of his right hand were badly crushed leading to permanent disablement of 16%. The workman had sought compensation for 100% disability. The appellant had denied the employment of the workman. However, he admitted that the workman used to work for him on daily wages basis now and then, but he was not employed on the day when the accident occurred. It is the appellant's case that there is no proof that the accident happened on his machine while the respondent was employed.

(3.) Since, there was no medical certificate, no complaint or document of medication or otherwise to show that the accident happened on the said date, the Court would note that the serious injury of the nature which the workman suffered needed immediate medical attention. Such an injured workman while in a state of excruciating pain, shock and resultant melee for immediate medical care, would also be haunted by the fear of his future employability, with his present employer or for that matter, anywhere else.