POLYNOVA INDUSTRIES LTD Vs. PREM KUMAR BARI

JUDGEMENT

(1.) Heard Mr. Agarwal, learned counsel for the appellant and Mr. Chawdikar, learned counsel for the respondents.

(2.) The challenge in this appeal by the appellant-employer is to the orders dtd. 11/7/2022 and 20/3/2023 passed by the Commissioner for Employees Compensation, Government of Goa, under the provisions of Employees' Compensation Act, 1926.

(3.) The respondent no.1-employee was employed through the contractor-respondent no.2, to work in the factory of the petitioneremployer. On 23/1/2013, when the employee was working on machine in the factory of the employer, he met with an accident that took place at 3.30 p.m. The employee suffered crushed injury of his right hand and forearm. The right hand had to be amputated. The employee suffered permanent disablement. On the date of the accident, the employee was 16 years 7 months and 17 days old. The monthly wages payable were Rs.5590.00. The case of the employee before the Commissioner for workmen compensation was that he is entitled to compensation under the provisions of the Employees Compensation Act, 1923 ('Compensation Act', for short) for the injury suffered. The employer contested the employee's claim primarily on the plea that under Sec. 53 of the Employees State Insurance Act, 1948 ('Insurance Act' for short), there exists a bar against receiving or recovery of compensation or damages under any other law and, therefore, the claim of the employee under the provisions of 'Compensation Act' is not tenable.