JITENDRA GUPTA Vs. JAGANNATH DUTTA

JUDGEMENT

(1.) Heard the parties.

(2.) This Writ Petition has been filed under Articles 226 of the Constitution of India with the prayer to quash/set aside the award dtd. 16/2/2023 passed by the learned Presiding Officer- Labour Court-cum- Employee's Compensation Commissioner, Bokaro in E.C. Case No. 04 of 2019 whereby and where under, Labour Court-cum- Employee's Compensation Commissioner, Bokaro directed the writ petitioner being the employer of the respondent to pay a compensation of Rs.5,92,222.00 along with interest at the rate of 12% per annum from the date of accident i.e. 18/2/2019 to till the payment of compensation amount and further to pay the actual medical expenditure of Rs.1,11,551.00 incurred by the respondent who was the applicant before the Labour Court-cum- Employee's Compensation Commissioner, Bokaro.

(3.) The case of the respondent-applicant-claimant is that the claimant-applicant was employed as a machine operator in the food products unit of the writ petitioner in the name and style of M/s. Gitanjali Food Products since the year 2011. On 18/2/2019 while the respondent was working as such in the sewai preparing machine, there was an accident which ultimately resulted in the hand of the applicant cut off from elbow. The respondent was treated in K.M. Memorial Hospital, Chas, Bokaro but he was referred to Apollo Hospital, Kolkata. While being admitted to Apollo Hospital, Kolkata on the way, the health condition of the respondent deteriorated and he was admitted to Durgapur Mission Hospital and while being admitted to Durgapur Mission Hospital, the respondent informed the concerned authority that he suffered accidental injuries in course of his employment in the unit of the writ petitioner in the name and style of M/s. Gitanjali Food Products.