RAJANNA Vs. PROPRIETOR CUPID FOOD PRODUCT

JUDGEMENT

(1.) THIS appeal is filed by the aggrieved workman who had filed WCA/cr-6/93-94.

(2.) IN brief appellant herein contended before the Commissioner for Workmen's compensation, Mysore as under: he was a workman in the respondent establishment, which is a manufacturing unit of cream biscuits. As on the relevant date he was 19 years and was getting a salary of Rs. 500 p. m. The machineries of the respondent establishment had become old and in spite of several requests and demands by the workers it did not get them repaired. On 18. 11. 92 when the appellant-applicant was preparing the cream on the concerned machine, his right hand was caught in the machine. As a result the fingers and the wrist portion got crushed in the machine. He was immediately taken to hospital on 18. 11. 1992. He spent lot of money for his treatment in the hospital where he was inpatient for five weeks. On account of the injuries sustained by him he is not in a position to stretch his right hand and, therefore, he cannot work with his right hand. After his discharge his approach for help from the respondent was turned down. With these averments he had sought for lump sum compensation from the respondent employer.

(3.) THE respondent entered appearance and filed his objections contending that the applicant was not at all a workman employed in his establishment, much less as assistant in the preparation of cream for the biscuits. He is totally a stranger. As a matter of fact, no accident had taken place on 18. 11. 1992 as alleged by him. Therefore, the question of extending any help did not arise. Further contended that application was filed only in order to make wrongful gain. With these averments the respondent employer had sought for dismissal of the petition with exemplary costs.