To this, the ESIC filed an affidavit that no compensation is required for the petitioner for the mental agony he suffered after the accident.
'It's the limit of insensitivity and you (ESIC) as a statutory body should not adopt such an approach,' the bench said.
'You know what's the pain when a finger is cut from a hand...in this case the petitioner has lost his hand. We wanted to know what relief the ESIC can give to him,' the court said.
Bahadur's lawyer Manohar Singh Bakshi told IANS: 'His hand was badly crushed and he was immediately rushed to an ESI hospital in the area. A few days later his hand was amputated despite Bahadur's refusal. The company did not even pay for his medical expenses. It's a case of gross negligence on behalf of the hospital and Bisleri.'
'These claims took seven-eight years before reaching the settlement. I am pained at seeing the ESIC's approach and with this present trend no hope is left for these people,' the bench said while asking the ESIC's counsel to withdraw its affidavit.
The bench also asked Bahadur to give his representation Sep 14 before the medical board, which would then assess the benefit. It slated the matter for hearing Oct 5.