N. SELLAPPA GOUNDER Vs. DY. COMMISSIONER OF LABOUR

JUDGEMENT

(1.) OPPOSITE Party is the appellant. This is an appeal against the order passed by the Deputy Commissioner of Labour Commissioner for Workmen's Compensation, Salem.

(2.) THE second respondent herein filed a claim petition before the Deputy Commissioner of Labour, Salem, stating that he was employed by the opposite party from 2-7-1982, to deepen the well belonging to the opposite party and during and in the course of such employment, by the opposite party the workman, while engaged in such employment, for digging and deepening of the well on 5-7-1982, received personal injuries during the accident when dynamite was placed for deepening operation of the well. According to the claimant, himself and others were working in that well on 5-7-1982 and the opposite party was present supervising the work and at about 3-30 p.m. as directed by the opposite party he used dynamite and in the explosion which resulted he suffered injuries during the accident and he was taken to a private clinic at Namakkal by the opposite party where his left arm was amputated upto his wrist by one Dr. Rajkumar and he was in the hospital for 21 days The injuries resulted in a permanent total disablement since bis left arm was amputated upto his wrist and he also suffered injuries in the hand and other parts of the body. According to the claimant, he was given a monthly wages of Rs. 450 and he is more than 15 years of age. Though notice of accident was served on the opposite party, no compensation was received by him. The claimant's father also made efforts to settle the matter through Panchayat and he also issued notice on 13-10-1982 to secure the settlement but all the efforts proved futile. Hence he filed the petition claiming compensation of Rs. 20,000.

(3.) IN support of the claim the workman besides examining himself also examined two other witnesses. On behalf of the opposite party one witness had been examined and the opposite party also examined himself. One hospital receipt and a memo from the office of the District Collector with reference to the Communication sent by the claimant had been also marked. The opposite party also marked documents. The learned Deputy Commissioner of Labour after considering the materials on record held that the claimant was engaged by the opposite party to deepen the well belonging to him and along with others, the workman was deepening the well and the workman suffered the injuries during and in the course of employment and accordingly the respondent was held liable to pay compensation. Having regard to the injuries suffered, and also taking into consideration the wages, the Deputy Commissioner of Labour fixed the percentage of loss of earning capacity at 70% as per schedule I of the Workmen's Compensation Act, and directed the opposite party to pay Rs. 20,580, as compensation. Aggrieved with the said order the present appeal has been filed.