HARSHA CONSTRUCTIONS Vs. V JAYAKUMAR

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal is filed against the Judgment and Decree dated 4.7.2007 made in W.C.No.359/2006 by the Workmen"s Compensation Commissioner-II/Deputy Commissioner of Labour-II, Chennai.

(2.) THE Respondent/Claimant filed the above case claiming a compensation of Rs.8,00,000/- for the injuries sustained by him contending that on 16.8.2004 at about 9.15 p.m., while he was working in the I Floor of the Construction Site of the Appellant at Indira Nagar Railway Station as an overtime worker, he slipped and fell down on the ground and sustained injuries.

(3.) ON the basis of the above pleadings, inquiry was conducted before the Authority, wherein two witnesses were examined and eleven documents were marked on behalf of the Claimant. ON behalf of the Appellant/Employer, neither any witness was examined nor any document was marked. ON consideration of the entire evidence on record, the Deputy Labour Commissioner-II held that the Claimant was a workman under the Appellant. In regard to the quantum of compensation, the Deputy Labour Commissioner-II determined the disability suffered by the Claimant at 55%. Taking note of the income of the Claimant as Rs.4,000/- p.m., fixed the quantum at Rs.2,95,680/- Aggrieved by the same, this Civil Miscellaneous Appeal has been filed by the Appellant/Employer.