LAWS(MAD)-2014-4-110

UTHIRAN Vs. SEKAR

Decided On April 09, 2014
Uthiran Appellant
V/S
SEKAR Respondents

JUDGEMENT

(1.) Respondent, stated to have been engaged by the appellants, to repair a pumpset, sustained injuries in the left hand and ring finger and little finger were crushed, due to the fall of a motor and pumpset. For the injuries, he has taken treatment in Government Hospital, Gudiyatham, and thereafter, referred to Stanley Hospital, Chennai. Three fingers of the left hand, viz., middle finger, ring finger and little finger were removed. After sending notices to the appellants, and not compensated, he has filed W.C.No.256 of 2003 on the file of the Deputy Commissioner of Labour-I, Chennai-6, claiming compensation of Rs.2,25,000/-.

(2.) The first appellant/first opposite party, has filed a counter affidavit disputing the Employer-Employee relationship. He has denied the manner of accident and the injuries sustained by the respondent. It is also contended that there was no motor or pumpset in Meenoor Village, in which the land is located. Hospitalisation and the pecuniary loss suffered, were also disputed. In addition to the above, the opposition parties have submitted that the petitioner was a beedi worker and not engaged by them. For the above said reasons, they have prayed for dismissal of the claim petition.

(3.) Before the Deputy Commissioner of Labour- I, Chennai, the respondent examined himself as AW.1 and reiterated the manner of accident and the injuries sustained. AW.2 is the Doctor, who issued Ex.P4 Disability Certificate. AW.3 is the Record Clerk, Office of the Tahsildar, Gudiyatham, examined on behalf of the respondent/claimant. Ex.P1 - certificate issued by the Stanley Medical College Hospital, Chennai, Ex.P2 - Lawyer's notice, Ex.P3 - Reply given by the opposition parties /appellants, Ex.P4-Disability Certificate, Ex.P5-Chitta to prove that the opposition parties/appellants own lands, have been marked by the respondent. RW.1 is the first opposition party. Ex.R1 - Legal notice sent by the respondent and Ex.R2 - Reply notice, have been marked, on the side of the opposition parties.