MGMT OF PANCHAMALAI ESTATE Vs. D GNANASEKHARAN

JUDGEMENT

(1.) The management who was the respondent before the Deputy Commissioner of Labour (Commissioner for Workmen's Compensation), Coimbatore, has come forward with the instant civil miscellaneous appeal.

(2.) This C.M.A. has arisen in this way: The respondent herein, Gnanasekharan, was employed as a worker under the appellant herein for pruning work in the estate. He sustained injury over his left thumb and index finger on July 22, 1995. He filed an application under the relevant provisions of the Workmen's Compensation Act, 1923, claiming compensation of Rs. 51,062.00. The management refuted the claim 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 was caused to the workman as a result of the injury. The learned Deputy Commissioner for Workmen's Compensation, after considering the evidence, directed the management to pay Rs. 32,237/- within thirty days from the date of the order, failing which the management should pay the said amount with interest at 12% till realisation. Aggrieved by the order passed by the learned Deputy Commissioner for Workmen's Compensation, the management has come forward with the instant C.M.A.

(3.) The two grounds urged by the learned counsel for the appellant-management are that