12. In this case, according to the respondent, he along with Thomas, Moses, Baskar, Xavier, Ajith Kumar and John Paul engaged in the building work under the appellant's employment. At that time, on 01.08.2005, when they were engaged in the work, the petitioner sustained injuries. Immediately he was taken to Ravichandra Hospital and the petitioner also produced the disability certificate and X-ray certificate, dated 01.10.2005 (i.e.,) after two months from the date of incident. No complaint was given by the respondent as against the appellant and no medical records produced to show that on the date of accident he had admitted in the Hospital. Per contra, the available documents shows that he was admitted in the Hospital on 01.10.2005 and he sustained fracture injuries and his disability is 45%. In this context, P.W.1 in his evidence stated that on 01.08.2005 while he was working in the marriage hall of the respondent had sustained injury and immediately after the accident, the respondent had taken the petitioner to Ravichandra Hospital and assured that he will bear the medical expenses. But he has not fulfilled his promise. Further stated that on the same day itself, he was discharged in