S V PATCHAYAPPAN Vs. N SRIDHAR MAHENDRAN

JUDGEMENT

(1.) Aggrieved by the dismissal of the Claim Petition filed under the Workmen-s Compensation Act, the claimant has preferred this Appeal.

(2.) It is the case of the appellant/claimant that the first respondent, who had taken a contract of building extension/construction of a house belonging to the second respondent, engaged him for centering work of the construction. On 30.03.2000 at 08.30 Hrs, while he was removing the centering sheet under the directions and supervision of the first respondent, the Concrete slab of the roof measuring 15- x 2.5- area fell on him, crushing his left leg and caused injuries on his hand. Thereafter, he was rushed to the Government Hospital by the respondents and admitted in a serious condition. He was hospitalised for six months and undergone a surgery. Steel plates and rods were fitted to fuse the fractured bones. Again, he was admitted in the hospital for surgery. As a result of the accident, his left leg was totally damaged and he became permanently disabled and his disability was assessed at 45%. As he is the sole breadwinner of the family and having lost his Earning Capacity, he has filed an Application before the Commissioner for Workmen Compensation.

(3.) On analysis of the pleadings and the materials, the Commissioner for Workmen Compensation, Chennai, framed two issues for consideration: