INTER SHOES P LTD Vs. THIRU K SUBRAMANI

JUDGEMENT

(1.) THE allegations contained in the petition in compact are as follows:1 (i) THE petitioners are parents of one S. Vatsalakumari @ Vatsala, who was employed as Stitcher in the opposite party company for about 9 months. She was getting a sum of about Rs.3,500/- by way of salary and other emoluments per month. On 17.07.1999, while she was on duty attending to the stitching work, the double needle of a power machine pierced through the index finger of her right hand. Immediately, it was brought to the notice of the officers concerned of the management. But they cannot refer the matter to E.S.I. Hospital, because no such facility could be available regarding their company. THEy did not send her to their private doctor also. THErefore, they asked her to go and seek the treatment outside, from private doctors. Hence, she had no other alternative than to go out to take treatment privately. She went to a private doctor at Gudiyatham. When the pain became unbearable due to the injuries sustained by her, she was advised to go to C.M.C. Hospital at Vellore. On 18.07.1999 morning she was taken to Vellore C.M.C. Hospital, where she was declared dead. THE fact of the death was also intimated to the opposite party.1 (ii) Her death occurred while she was in the course of her employment under the opposite party. She died due to injuries sustained by her while she was on duty. Being her parents and her dependents, the applicants are entitled for the compensation and for the terminal benefits payable on the death of Vatsalakumari. THEy sent notice claiming compensation for which the opposite party responded with false allegations. Apart from that, the opposite party offered to pay a very low amount towards all the benefits for which the deceased entitled to. As a matter of fact, the opposite party are liable to pay a huge amount. THE deceased was aged about 27 years at the time of accident. Hence, the appellants are entitled for compensation of lumpsum payment of Rs.2,56,284/- from opposite party as calculated below:2000 x 60/100 x 213.57 = 2,56,284.00

(2.) THE contentions in the counter are condensed as follows:-2.(i) No death took place due to any accident arising out of and in the course of employment. It is incorrect to allege that double needle of the power machine had pierced into the right hand index finger of the deceased and that it was brought to the notice of the officers. It is also false to state that they expressed their inability to refer her either to E.S.I. Hospital or to seek any treatment outside. THE nature of treatment allegedly obtained by Vatsalakumari had been kept secret all along by the petitioners. THEy may be directed to produce medical certificate for any treatment allegedly obtained from private doctor at Gudiyatham whose name has not disclosed anytime as well as treatment obtained in C.M.C. Hospital. She appears to have died under suspicious circumstances which are not disclosed. THEy have not produced any doctor's certificate to establish the real cause for death but have suppressed the same. THEy are attempting to make fortune at the evil advice of others by misleading the Court. No accident took place at the premises of the respondent or while at work that necessitated any medical attendance or treatment. THE petitioners have also filed C.P.No.199 of 2000 before the Labour Court, Vellore with false claims. THE respondents is not liable to pay compensation.2 (ii) Vatsalakumari was drawing only Rs.2,471/- per month and not as stated in the petition. THE age of the deceased and the dependency of the petitioners are denied. On 17.7.1999 at about 12.45 p.m. Vatsalakumari asked for permission to go home. When the supervisor asked for the reason, she stated that she was injured by the needle on the top of her finger while adjusting the needle. Since, it was a minor injury she was permitted to go home under the permission letter presented by her duly attested and recommended by the supervisor, stamped by the security staff at the gate in the normal course. If the injury had been so serious as alleged, she would have applied for medical leave and would have also obtained a medical certificate from the doctor. Hence the petition has to be dismissed.

(3.) PER contra, Mr. Habibullah Basha, learned Senior Counsel for the appellant would contend that inasmuch as the respondents have not established that Valsalakumari died by the injury and the evidence available on record is not adequate to reach a conclusion that the injury was sufficient to cause death.