KERALA MINERALS METALS LTD Vs. RAMAN NAIR

JUDGEMENT

(1.) Heard both sides. All the three appeals arise out of the orders passed by the Commissioner for Workmen's Compensation, Kollam in W.C.C. No. 84/88, 64/88 and 63/88. The Kerala Minerals and Metals Ltd. which is the opposite party before the Commissioner for Workmen's Compensation is the appellant in all the three appeals. The respondents were working in the appellant company. The parties to the proceedings and the points for determination in all the three appeals are one and the same. Hence by consent of both the parties all the three appeals were taken up together for final hearing.

(2.) The respondent in MFA 220/93 is a worker, Grade I under the appellant. He filed an application under S.22 of the Workmen's Compensation Act, 1933, hereinafter referred to as the Act before the Commissioner for Workmen's Compensation, Kollam, hereinafter referred to as the Commissioner claiming an amount of Rs. 45,927/- from the appellant alleging that he sustained personal injury on 19.11.1985 by accident arose out of and in the course of his employment with the appellant. The workman alleged in the application that on account of the accident his thumb on the left hand was crushed due to breakage of the axle of the loaded truck.

(3.) The Management has refuted the claim of the workman and contended that after the accident the workman is getting the same emoluments which he was drawing at the time of the accident and therefore no loss or damage caused to the workman as a result of the injury.