THE SECRETARY Vs. BIJU.U.K

JUDGEMENT

(1.) Appellant is the first opposite party in E.C.C NO.266 of 2014 before the Employees' Compensation Commissioner, Kozhikode. An application under section 22 of the Employees Compensation Act 1923 (in short "Act") was filed by the first respondent before the Commissioner claiming compensation for personal injuries sustained by him on 16.03.2008. According to the applicant/first respondent, he was employed under the appellant as a toddy tapper. On 16.03.2008 at 5.30 pm, he suffered injuries by falling from a coconut tree and the accident arose out of and in the course of his employment. He was taken to AKG hospital, Talap, Kannur and thereafter to A.J. Centre, Mangalore. He was admitted in A.J Centre, Mangalore from 17.03.2008 to 09.04.2008. He had undergone a number of surgeries. Thereafter he was admitted in Pariyaram Medical College Hospital on various occasions. At present, he is undergoing Ilizarov treatment for shortening of his right leg. The applicant sustained fracture on his right leg making it impossible for him to do the avocation of a coconut climber. Therefore he claimed a compensation of Rs.4 lakhs.

(2.) The appellant / first opposite party admitted that at the time of accident, the applicant was an employee under it. Further fact that the accident occurred during the course of employment is also admitted. However, it is contended by the first opposite party that the applicant had sustained only minor injuries and he sustained only a partial disability of a temporary nature. It is also contended that the toddy workers, including the applicant, working under the appellant were insured with the third opposite party under a personal accident policy. Applicant had made claim for compensation from the third opposite party through the first opposite party and he had received amounts from the insurance company. Therefore, the insurer was sought to be impleaded and later the insurance company was impleaded as third respondent. The quantum of compensation claimed is exorbitant. The percentage of injury claimed is also exorbitant.

(3.) Before the Commissioner, the applicant deposed as AW1 and RW1 is the representative of the first opposite party. Exhibits A1 to A10 and B1 to B4 are the documents marked on both sides. After considering the evidence, the Commissioner granted an amount Rs.4,67,136/- with 12 % simple interest with effect from 16.03.2008 till deposit.