THE MANAGEMENT, SREE LALITHAMBIKA ENTERPRISES Vs. KAILASAM

JUDGEMENT

(1.) THIS appeal is preferred against the order of the Additional Commissioner for Workmen's Compensation, Coimbatore in W.C. Case No. 97 of 1978, in which he has ordered that the respondent -workmen, be paid a compensation of Rs. 11,020.80 for the injuries suffered by him during the course of his employment.

(2.) THE respondent filed the petition under Section 10 of the Workmen's Compensation Act (VIII of 1923) (hereinafter will be referred to as the 'Act') for the loss of four fingers in his left hand on account of the accident that took place on 17th August, 1978, in the course of the employment under Sree Lalithambika Enterprise, Salem. He was getting a salary of Rs. 370 per month and he was also earning some amount by playing veena and therefore for loss of earning capacity, he has filed the petition for compensation. The Management/appellant herein claimed that on 17th August, 1978, the factory was not working because, on that day, there was an inspection by the Manager of the State Rank of Travancore, Salem, and that whatever had happened on that day, was outside the scope of employment and mainly due to the carelessness and negligence of the respondent and further for the treatment of the respondent, a sum of Rs. 2,000 has been already spent and lastly the claim itself is not maintainable because he has been retained in employment on the same salary and there being no earning capacity lost, the petition deserves to be dismissed.

(3.) ON an assessment of the evidence tendered before the Additional Commissioner for Workmen's Compensation, he held that admittedly the accident took place inside the factory premises on 17th August, 1978 and that it was in the course of employment, and as far loss of earning capacity is concerned, it took into account the nature of the injury and finally held that the respondent will be entitled to the compensation as computed by him because the disablement is a permanent one and it, being schedule injury, had resulted in loss of earning capacity.