VETRIVEL ENGINEERING ENTERPRISE Vs. SELVI.SASIKALA

JUDGEMENT

(1.) THE appellants/respondents have preferred the present appeal in C.M.A(MD).No.992 of 2010, against the order passed in W.C.No.324 of 2007, on the file of the Deputy Commissioner of Labour for Workmen's Compensation, Tiruchirapalli.

(2.) THE applicant has filed the claim in W.C.No.324 of 2007, claiming compensation of a sum of Rs.5,00,000/- from the opposite parties for the injuries sustained by her arising out of and in the course of doing her work under the employment of the opposite parties. It was submitted that the applicant was working as a helper in the opposite party's firm. On 17.05.2007, operating of the grinding machine viz., Sankar had asked her to hold a iron rod, at one end, in order to facilitate cutting of the road into small pieces through use of the grinding machine. While so, when the said Sankar was in the process of cutting the rod, he had moved the rod at a high speed and in the process, both the hands of the applicant was caught in the grinding machine. As a result, the applicant sustained fracture of bones in her right arm, extending from her right wrist upto her shoulder level and her small finger in the left hand was also crushed. She was immediately taken to K.M.C Hospital, Trichy, wherein she received treatment. At the time of accident, the applicant was aged 23 years and was getting a monthly income of Rs.2,100/- and a daily batta of Rs.10/-. After the accident, due to the injuries sustained by her, she had sustained permanent disability and not able to do her work as she used to do before the accident. Hence, the applicant has filed the above claim against the opposite parties.

(3.) PW .1, the applicant had adduced evidence, which is corroborative of the statements made by her in the claim and in support of her evidence, she had marked Exs.P1 to P10 namely: Ex.P1-copy of complaint sent by applicant to the Inspector of Police and other Officers dated 05.07.2007; Ex.P2-acknowledgment card; Exs.P3 and P4-identity card; Ex.P5-discharge summary issued at K.M.C Hospital; Ex.P6- Lawyer's notice sent by applicant; Ex.P7-receipt; Ex.P8-reply notice given by opposite party; Ex.P9-disability certificate; Ex.P10-school transfer certificate.