C BABU Vs. MANAGEMENT OF MADRAS ACCURATE ENGINEERS

JUDGEMENT

(1.) THIS appeal is directed against the award of the Commissioner for Workmen's Compensation, Madras, in W.C. No. 360 of 1991. The unsuccessful claimant before the Commissioner is the appellant before this Court.

(2.) IN the claim petition, it was contended that he was a workman employed by the opposite party and on 6.9.1991 he received personal injury due to the accident arising out of and in the course of his employment resulting in his index finger, middle finger and ring finger being subjected to crush injury. After treatment his entire left hand became functionless and thus the applicant suffered from permanent disability. On 6.9.1991 at about 2.30 P.M. the left hand of the applicant was caught inside the belt of the lathe and his fingers were crushed. Therefore, the accident was only in the course of his employment under the opposite party. The applicant was employed as a miller under the opposite party and he was drawing a monthly salary of Rs. 1,000/- including all the allowances. He was 23 years at the time of accident. The percentage of disability was 50 per cent and therefore, he was entitled to a lumpsum payment of Rs. 40,000/-.

(3.) REFERENCE is made to the decision of the Supreme Court in M. Mackenzie v. I.M. Issak 83 L.W. 40 S.N. = (1970 Lab I.C. 1413) in which the Supreme Court has held that the employer's liability for compensation would arise only if there was a causal relationship between the accident and the employment. If the accident had occurred on account of the risk which was incidental and in the course of his employment, the claimant may succeed, but not when the workman exposed himself to an added peril by his own imprudent conduct.