PRASANNA KUMAR Vs. SHIVANANDAIAH

JUDGEMENT

(1.) The claimant filed the present miscellaneous first appeal against the judgment and order dated 01.04.2015 made in ECA.No.27/2014 on the file of the Senior Civil Judge and Additional MACT, Challakere (hereinafter referred to as 'the Tribunal') whereby, the claim petition filed under Sec. 22 of the Workmen's Compensation Act, 1923/Employee's Compensation Act, 1923 (hereinafter referred to as ' the E.C.Act' for brevity) was dismissed.

(2.) For the sake of convenience, the parties are referred to as per their ranking before the Tribunal.

(3.) The claimant filed the claim petition seeking compensation for the injuries suffered during the course of his employment, contending that on 26.11.2006, at about 2.15 p.m., near S.H.-19, Road of Chikkammanahalli Village of Challakere, within the limits of Talak Police, while the petitioner was discharging his legitimate duty as a driver of the vehicle bearing registration No.KA-21-1191 belonging to respondent No.1, he met with an accident. Due to the accident, he sustained fracture of left calcaneum, mild dislocation and lateral condyle of right radius and other injuries and he has taken treatment at Vinayaka Orthopedic Center, Challakere under expert surgeon. He further contended that he was working as driver under respondent No.1 for monthly wages of Rs.4,000.00 and batta at Rs.100.00 per day. Therefore, he sought for compensation.