T P TEXTILES PVT LTD Vs. K JEYAPRAKSH

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been preferred by the Management aggrieved by the order of Commissioner under the Workman Compensation Act, dated 19.3.2008 awarding a sum of Rs.42,567/- (Rupees Forty two thousand five hundred and sixty seven only) to the respondent as against his claim of Rs. 2,98,850/-(Rupees Two Lakhs Ninety eight thousand eight hundred and fifty only).

(2.) The case of the respondent before the Commissioner was that he was employed in the appellant's mill as a fitter and was earning a salary of Rs.75/- (Rupees seventy five only) per day from May 2003 onwards, on 20.6.2003, while the respondent engaged in cleaning and preparing the machine for work, somebody in the mill, without informing to the respondent, suddenly switched on the machine and as a result of the sudden action of the machine's work, the respondent's right hand was caught between the gear wheels of the machine and his right hand was crushed.

(3.) The respondent further contended before the Deputy Commissioner that he was admitted in Jawahar hospital, at Rajapalayam for treatment and due to the grievous injury, the useful right index finger was totally amputated and flexion contraclure of right middle finger of right hand. According to the petitioner, because of the accident and because of the injury, the respondent became handicapped for the rest of his life time. Hence, he filed W.C. No. 302 of 2004 before the Tribunal. His further contention was that he was earning a sum of Rs. 75/-(Rupees seventy five only) per day and because of the accident, his prospects of getting married was spoiled. Since the accident occurred in the course and out of his employment under the appellant, the respondent sued for the compensation of Rs. 2,98,850/- (Rupees Two Lakhs Ninety eight thousand eight hundred and fifty only).