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2021 Supreme(Kar) 420

M.NAGAPRASANNA
YASHIHIRAO HORINOUCHI S/O MR. KEIICH HORINOUCHI – Appellant
Versus
DEPUTY DIRECTOR OF FACTORIES DEPARTMENT OF FACTORIES – Respondent


Advocates Appeared:
For the Appellant :SRI S.N.MURTHY, SR.ADVOCATE A/W SRI SOMASHEKAR
For the Respondent: SMT.NAMITHA MAHESH B.G.

ORDER :

The petitioner who is the occupier of M/s Toyota Kirloskar Motor Private Limited has filed the subject writ petition calling in question the proceedings in C.C.No.757 of 2017 pending on the file of the Principal Civil Judge and JMFC, Ramanagara initiated under the provisions of the Factories Act, 1948.

2. Brief facts leading to the filing of the present petition, as borne out from the pleadings, are as follows:-

The petitioner is the occupier of M/s Toyota Kirloskar Motor Private Limited Company (‘Company’ for short), a company engaged in the manufacture of motor cars. On 11-04-2017 one Mr. Theertha Prasad, Forklift operator while removing the module using forklift, a workman by name Mr. Santhosh Patgar, who was a tow truck operator entered into forklift movement area and when reversing of the forklift was in progress meets with an accident which resulted in an injury of his left leg. It is contended that the Company immediately took Sri Santhosh Patgar to the Company’s occupational health centre for first aid treatment and thereafter, immediately shifted to BGS Hospital, Uttarahalli for further treatment.

3. In terms of the Factories Act, 1948 (hereinafter referred to as ‘the

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