The case of the complainant  in a nutshell is that the complainant the complainant is an employee of The Ganges Manufacturing Co. Ltd. and appointed under Employees’ State Insurance being E.S.I. no. 41-09927370 and his contribution towards ESI was deducted by his employer The Ganges Manufacturing Company Ltd. On 7.6.2014 in the morning  when the complainant was moving by motor cycle at his work place he met with an accident and sustained injury on lower part of his right leg and also in right fifth toe. The employer of the complainant i.e. The Ganges Manufacturing Co. Ltd. after getting information from the complainant notified the accident herein by both-ways i.e. through online as well as by dispatch of notice of accident in prescribed form no.16/18 to the Branch Office of ESIC authority , Op no.3. After receiving notice of accident the oP no.3 visited the Mill office examined all the documents including Accident Register, Wages Register, etc. in the affirmation of the accident of the complainant submitted by them on 7.6.2014. The complainant was provided with intensive treatment at the E.S.I. Hospital, Bandel for 7 days i.e. between 7.6.14 and 13.6.14 and as per advice complainant took another 3 ½ months leave on and from 14.6.14. The complainant joined his duties on 21.9.2014. Thereafter, the

complainant to get the Temporary Disablement Benefit due to the accident appealed in writing dated 16.12.2014 before the OP no.3 but the Op no.3 by his letter dated 24.12.2014 rejected the prayer of the complainant without assigning any reason . Hence, this complaint .

            Although Op no.1 , 2 and 3 received summons and appeared on 28.10.2015 but subsequent they did not contest the case and the case was heard exparte against all the oPs.

            Complainant filed photo copies of 14 documents by firisti i.e. photo copy of identity card , photo copy of Accident report , photo copy of attendance of the employees dated 9.9.14, photo copy of certificate dated 16.6.14 issued by the ESIC authority , photo copy of notice of accident, photo copy of referral letter issued by Insurance Medical Officer, photo copy of Medical reference of ESIC etc. Complainant also filed Affidavit in chief and Written Notes of Argument.

            Upon pleadings, Written version and  the documents filed by all the parties the following points are framed for proper adjudication of this case.

                                                            Points

1. Whether the petitioner is a Consumer ?
2. Whether there is any deficiency in service on the part of the oP ?
3. Whether the complainant is entitled to get relief as prayed for ?

DECISION WITH REASONS

            All the points are taken together for easiness of discussion. The complainant prays some reliefs for temporary disablement benefit and declaration of employment injury etc. The complainant has stated his case elaborately and filed documents , injury report and others. The op did not contest the case. In this circumstances there is nothing in record to discard the evidence adduced by the complainant mainly the evidence in chief and documentary evidence. So, we have no hesitation that complainant’s case succeeds exparte. The complainant is entitled to get relief as per prayer (a) and other amounts prayed in clause (b), (c) and (d) etc. In fact, there was injury during the course of employment.  Hence it is –

                                                                        Ordered

            That the CC no. 159 of 2015 be and the same is allowed exparte against all the Opposite parties. All the Ops are jointly and severally liable to declare that the

accident caused to the complainant is an Employment Injury as per the provision of the Employees’ State Insurance Act, 1948. All the Ops are jointly and severally liable to pay Rs.50,000/- to the complainant towards temporary Disablement Benefit for the period of 7.6.2014 to 20.9.14. All the Ops are jointly and severally liable to pay Rs.10,000/- to the complainant towards compensation  for his mental agony, harassment and pain. All the Ops are jointly and severally liable to pay Rs.50,000/- to the complainant for his permanent loss of a vital and important organ of body i.e. due to amputation of right 5^th toe caused out of Employment injury on 7.6.2014. All the Ops also directed to pay Rs.5,000/- to the complainant for his litigation cost.

            The Opposite party no.1, 2 and 3 are directed to comply the above order within 30 days from the date of this order i.d. the complainant is at liberty to file Execution  case for executing the above orders.

            Let a copy of this order be made over to the parties free of cost.