UNITED INDIA INSURANCE CIMPANY LTD Vs. MAHENDRAN

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by the appellant/second respondent United India Insurance Company through its Branch Manager, dissatisfied with the award dated 13.07.2004 passed in W.C.No.115 of 2002 by the Workmen's Compensation Commissioner (Deputy Commissioner of Labour), Tirunelveli - 2/ Tribunal.

(2.) The first respondent/petitioner has filed a claim petition before the Tribunal claiming a compensation of Rs.4,93,520/- (Rupees Four Lakhs Ninety Three Thousand Five Hundred and Twenty only) along with interest from the date of filing of the petition till date of realisation etc, and the Workmen's Compensation Commissioner namely, the Deputy Commissioner of Laboutr, Tirunelveli - 2/Tribunal after contest, on an appreciation of oral and documentary evidence has passed an award on 13.07.2004 awarding a sum of Rs.98,214/- (Rupees Ninety Eight Thousand Two Hundred and Fourteen only) as compensation and out of the said sum of Rs.98,214/-, it has directed the appellant/second respondent Insurance Company to deposit a sum of Rs.50,000/- and the balance sum of Rs.48,214/- has been directed to be deposited by the second respondent/first respondent (employer), within thirty days from the date of receipt of the order.

(3.) The necessary facts leading to the filing of the appeal are as follows: The first respondent/injured petitioner was a workman/employee by the second respondent/first respondent in his workshop as a carpenter on a salary of Rs.110/- per day and he was working for the last one and half years. He was doing his duty on 09.11.2001 and during this course of this employment, while working in the wood cutting machine, he received a personal injury by an accident, as a result of which his left hand was crushed by the machine. He was rushed to the Government Hospital, Kovilpatti and first aid was given. On the advice of the medical authorities, he went to Madurai and took treatment at Madurai Government Rajaji Hospital as an inpatient and his left hand index finger was amputated through an operation. He was discharged on 20.11.2001 and got himself admitted into TVS Hospital, Madurai, for better treatment and remained as an inpatient till 16.12.2001 and two more fingers were also amputated at the TVS Hospital, Madurai. He took treatment as an inpatient for two months and later, got discharged and was advised to continue the treatment and to take full rest for three months, thereby he was forced to remain jobless for more than six months. His disability was determined as 60% and the said disability arose out of an industrial accident, which took place during the course of his deployment under the second respondent/first respondent (employer). He spend more than Rs.50,000/- towards treatment. Because of the accident, he was deprived of his earning permanently. The second respondent/first respondent took a 'Group Personal Accident Policy' from the appellant/second respondent Insurance Company and the same was alive at the time of the occurrence and therefore, the appellant/second respondent as an insurer was liable to pay compensation of Rs.4,93,520/- (Rupees Four Lakhs Ninety Three Thousand Five Hundred and Twenty only) to the claimant.