SRIKANTH Vs. G R EBINEZER

JUDGEMENT

(1.) The respondent in the workman compensation case is the appellant herein. The respondent herein filed an application for compensation.

(2.) The case of the petitioner is as follows: Petitioner was working as a machine-operator under the respondent for the past two years on a monthly wages of Rs. 750. On 30.12.1989, at about 7.30 p.m., while the petitioner was feeding materials in the reprocessing machine, the right hand was trapped into the machine, as a result of which he sustained grievous injuries. Due to the above accident, the petitioner sustained crush amputation of right index finger and right middle finger. The petitioner was treated as an outpatient at the Government Hospital, Madras and subsequently, he took treatment at a clinic in Porur. The expenses incurred at the above clinic was borne by the respondent. The surgeon has assessed the disability as 20 per cent. The petitioner is entitled to a sum of Rs. 25,000 as compensation.

(3.) The case of the respondent is as follows: The allegation that the petitioner was working as a machine-operator is denied. The petitioner was a helper. The allegation that the petitioner was paid monthly wages of Rs. 750 is denied. It is true that on 30.12.1989, the petitioner was involved in the accident in the reprocessing machine. But, it is denied that applicant was working as per the instructions of the respondent. The petitioner ignored the instructions of the respondent and fed the machine from the wrong side without following the instructions. Due to the failure to follow the instructions and due to carelessness of the petitioner, the accident took place and, therefore, the respondent is not liable for the accident. The respondent dispute the disability as 20 per cent.