ORIENTAL INSURANCE COMPANY LTD. Vs. D. SIVASANKAR

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed against the order dated 11.01.2011 passed in W.C.No.260 of 2006 by the Deputy Commissioner of Labour-I (Commissioner for Workmens Compensation), Teynampet, Chennai-600006.

(2.) The claim was filed before the Deputy Commissioner of Labour-I for Rs.1,51,508.95/- under the Workmen Compensation Act. The Deputy Commissioner of Labour-I awarded a compensation of Rs.58,394/-. Aggrieved by the same, the present appeal has been preferred.

(3.) The claim was filed by the first respondent for the injury sustained by him during the course of his employment with the second respondent. The first respondent claimed to have been working from 1997 onwards and that he was a permanent employee, working as a Helper with a monthly pay of Rs.3,650/-. On 26.12.2005 at about 9.00A.M., the first respondent along with one Venkatesan, who was employed as an Operator were shifting granite stone weighing about 50 Kgs, and due to the weight of the granite stone, he lost his balance and the granite stone fell on his left hand and as a result, he sustained grievous injuries on the middle and ring fingers of the left hand. He was administered 16 and 17 sutures on the middle and ring fingers respectively by the Chettinad Hospital, where he was treated as an outpatient and later he received treatment from the Government Peripheral Hospital, K.K.Nagar, Chennai - 600 078. The first respondent claimed to be permanently disabled by 15% and as a result lost 17% of earning capacity.