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2009 Supreme(Online)(KER) 21140

HIGH COURT OF KERALA
K.BALAKRISHNAN NAIR, K.SURENDRA MOHAN, JJ
MARY JOY – Appellant
Versus
M.D.,KAVERI PLASTICS PVT.LTD – Respondent


Advocates:
SRI.T.K.KOSHY, SRI.K.P.PAULOSE, SRI.A.M.SHAFFIQUE (SR.), SRI.E.K.NANDAKUMAR, SRI.A.K.JAYASANKAR NAMBIAR

JUDGMENT

BALAKRISHNAN NAIR, J The petitioner in W.C.C No.113/2000 on the files of the Commissioner for Workmen's Compensation, Ernakulam is the appellant. Respondent herein was the opposite party.

2. The appellant, Smt.Mary Joy, moved the Commissioner for Workmen's Compensation under Section 22 of the Workmen's Compensation Act(for short 'the Act'), claiming compensation for the injury sustained by her during the course of her employment on 27.06.2000. She was employed to work in a heavy duty plastic moulding machine by the respondent. While working in the machine, her left hand was accidentally crushed and it was amputed at the elbow. She was engaged as a regular worker. Her wages was Rs.100/- per day and she was earning an income of Rs.3,000/- per month. She is aged 37 years and therefore she claimed a compensation of Rs.3,00,000/-.

3. After the preliminary examination, notice was served on the respondent. Respondent appeared and filed a written statement raising various technical contentions. Apart from that, it was contended that, she was drawing a consolidated salary of Rs.750/- per month. She was being engaged to do the sweeping work and also cooking work in the factory canteen.

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