MANAGEMENT TATA COFFEEE LIMITED Vs. ARULAPANDY

JUDGEMENT

(1.) THE Managementhas filed this appeal challenging the award dated 08. 12. 2008 passed in W. C. No. 79 of 2006 on the file of the Deputy commissioner of Labour, Workmen's Compensation, Coimbatore.

(2.) THE appellant is a limited company engaged in the business of growing coffee in the hilly tract. The respondent workman in this case is in employment of the appellant and that is not disputed. On 14. 3. 2006, while the respondent workman was picking pepper by climbing a tree, he fell down and suffered injuries. He was treated at the estate hospital and thereafter at Sindhia Ortho Clinic at Pollachi. He was under medical management from 16. 3. 2006 to 2. 4. 2006. According to the respondent/ claimant, he suffered fracture of the right arm and injuries to other parts of the body. He filed a claim for compensation in terms of the provisions of the Workmen's Compensation Act. He claimed a sum of Rs. 2,36,020/- as compensation. The claim was resisted by the management.

(3.) IN support of the claim, the claimant was examined as P. W. 1 and the Dr. Senthil Kumar was examined as P. W. 2. Documents Exs. P1 to P5 were marked. Ex. P4 is the disability certificate assessing the loss of earning capacity at 30. 78%. On behalf of the appellant/ management one Dr. Eswaramoorthy was examined as R. W. 1. No document was filed on behalf of the appellant/ management before the Commissioner.