MAR THEMOTHEOUS BIRTH CENTENARY PRESS Vs. SANTHOSH RAJ

JUDGEMENT

(1.) The employer in W.C.C. No. 126 of 1991 before the Commissioner for Workmen's Compensation, Thrissur, is the appellant herein. One Santhosh Raj, claiming to be a workman employed by the appellant, had filed an application under section 22 of the Workmen's Compensation Act. His case was that in the course of his employment, on 5.10.1988, his right hand got entangled in the printing machine and three fingers got amputated. As no compensation was paid to him, according to him, he was constrained to file the application.

(2.) The employer resisted the application. It was stated that the establishment is a charitable institution and the claimant was a student who received training there. The accident according to them had occurred due to his carelessness and the applicant was not receiving any payments, he being not an employee.

(3.) Parties had adduced evidence in support of their respective stands. By order dated 15.5.1993 the Commissioner had allowed the claim. The compensation was assessed at Rs. 45,044 with interest. The appellant challenges the sustainability of the claim, findings about the employeremployee relationship as also the quantum of compensation that has been assessed as payable to the claimant.