PERIASAMY Vs. JAYARAJ

JUDGEMENT

(1.) The appellant is the owner of the Rice Mill at M.Pudupatti, Musiri Taluk, Trichy District. The respondent was a Collie employed in the said Rice Mill. The Rice Mill also consists of Flour Mill. According to the respondent, he was employed as a Coolie in the appellant Mill for three years. Whileso, on 15.09.2003 about 11.00 A.M, while he was working in the Mill, he was dragged by the belt of a machine and his right hand was totally cutoff and he was thrown out and sustained grievous injuries all over the body including right hip, right stomach and fracture in right hand. He was taken to Government Hospital at Musiri. Thereafter, he was admitted in Annal Gandhi Memorial Government Hospital, Trichy, as inpatient on 15.09.2003 and an operation was performed on 20.09.2003. He was discharged on 12.12.2003. He was an inpatient for about three months.

(2.) The respondent sent a notice dated 03.11.2003 through his Advocate to the appellant by RPAD, demanding to pay compensation for the injuries suffered by him in the accident that arose out of and during the course of employment. The appellant sent a reply dated 15.01.2004, simply denying the allegations as false. Therefore, the respondent filed W.C.No.291 of 2004 before the learned Deputy Commissioner for Workman Compensation (Deputy Commissioner for Labour) Tiruchirappalli, claiming a sum of Rs.3,00,000/- as compensation.

(3.) The appellant filed a counter statement refuting the claim. The appellant stated that no accident took place in his Rice Mill. The respondent was never employed in his Rice Mill. He was working as a Lorry Cleaner and he was aged 24 years and it was not 14 years as alleged in the claim petition.