MANAGEMENT OF SREE LALITHAMBIKA ENTERPRISES Vs. S KAILASAM

JUDGEMENT

(1.) AGAINST the concurrent judgments of the additional Commissioner for Workmen's Compensation, Coimbatore and a learned single Judge of this Court, this Letters Patent Appeal has been preferred in so far as the respondent has been awarded compensation in a sum of Rs. 11,020. 80 under the Workmen's Compensation Act, hereinafter referred as 'the Act'.

(2.) THE respondent filed a petition under Section 10 of the Act, claiming compensation for the loss of four fingers in his left hand due to an accident which took place on 17th August, 1978. The said accident took place in the course of the respondent's employment in the appellant's enterprises. The workmen would state that he was getting a salary of Rs. 370 per mensem and he was also earning some amount by playing Veena.

(3.) THE mangement opposed the claim inter alia on two grounds- (1) The accident took place on a day which was a holiday for the factory and (2) In any event, by the loss of four fingers on the left hand the workman had not suffered any loss of earning capacity under Section 4 (1) (c ).