LAWS(MAD)-2008-6-404

NATRAJAN Vs. KALIAAPERUMAL

Decided On June 13, 2008
NATRAJAN Appellant
V/S
KALIAAPERUMAL Respondents

JUDGEMENT

(1.) CHALLENGE in this civil miscellaneous appeal is against the order dated April 30, 2004 in W. C. No. 89/2003 passed by the Deputy commissioner of Labour, Trichy/tribunal directing the appellant/respondent to pay a sum of Rs. 77,351/- (Rupees Seventy Seven thousand Three Hundred and Fifty One only)to the respondent/claimant together with the interest at 12% per annum from the date of accident till date of payment.

(2.) THE respondent/claimant has filed the claim petition before the Deputy Commissioner of Labour, Trichy/tribunal claiming a compensation of Rs. 5,00,000/- (Rupees Fivelakhs only)as against the appellant/respondent.

(3.) THE facts of the claim in nutshell are as follows: on February 21, 2002 at about 11. 30 a. m, when the respondent/claimant was working as machine driver in Malathi Saw Mill near santaipet, West 4th Street, Pudukkottai, owned; by the appellant/respondent, the wood he was cutting in the machine got in suddenly and dragged his right hand into the machine and caused grievous hurt, as a result of which his right hand, particularly the middle three fingers were cut and the bones were fractured. S. Kumar, S/o. K. Solai, residing at T. S. No. 2383, Mappilaiyarkulam, Pudukkottai and one chinnadurai, S/o. Karuppiah, residing at attangudi Post, Pudukkottai Taluk and District, have personally known about the occurrence. Kumar who owns a cart (driven by manpower)used to bring in teak wood from the appellant/respondent's saw mill for hire, was present in the said saw mill and witnessed the occurrence. Chinnadurai also witnessed the accident since he passed by the said saw mill at the time of the occurrence. The appellant/respondent's family members also gave aid to him. He was admitted in the pudukkottai Government Hospital by the appellant/respondent and his son Raju and later, he was transferred from Pudukkottai government Hospital and got admitted into s. R. V. Hospital, Pudukkottai and took treatment as inpatient from February 21, 2002 to February 25, 2002 and thereafter, was taking treatment as outpatient continuously. The lawyer's notice dated August 12, 2002 was issued to the appellant/respondent calling upon him to pay the compensation. However, the appellant/respondent stated in the reply that there was no relationship as employer and employee between him and the claimant and that the claimant did not receive Rs. 4,000/-p. m. , as his monthly salary, etc. Hence, the compensation of Rs. 5,00,000/- (Rupees Five lakhs only) was claimed directing the appellant/respondent to pay the same to the claimant.