K. RAJAGOPAL Vs. R. ANAND AND ORS.

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed against the award dated 04.03.2013 made in W.C.No.258 of 2010 on the file of the Deputy Commissioner for Workmen's Compensation - II, Chennai.

(2.) The case of the appellant is that he worked under the first respondent as a driver in Tipper Lorry bearing Registration No.TN-21-AX-7380 for a salary of Rs.9,000/- per month. On 06.05.2010 at about 10.00 p.m., while he was driving the above said Tipper Lorry at Maduraival by pass road near the bridge of Aanagaputhur river, he met with an accident as he drove the vehicle in a rash and negligent manner and the Lorry was capsized. Due to the accident, he sustained grevious injuries and was immediately taken to Paravathy Hospital at Chrompet. There he took treatment from 07.05.2010 to 25.05.2010 and thereafter, he took further treatment in a private hospital. He spent Rs.3,00,000/- for medical expenses, and in spite of best treatment, he became permanently disabled. Since the accident had occurred during the course of employment under the first respondent and the second respondent is the insurer of the above vehicle, he filed a Claim Petition in W.C.No.258 of 2010 before the Deputy Commissioner of Labour - II, Chennai, claiming Rs.6,00,000/- as compensation for the expenses made for the treatment and for the disability.

(3.) The first respondent was absent during the trial and therefore, he was set exparte before the Deputy Commissioner of Labour - II, Chennai.