KUMAR Vs. M.P.SELVARAJ

JUDGEMENT

(1.) Challenging the Award passed by the Commissioner of Workmen's Compensation Court [Deputy Commissioner of Labour - II] Chennai dated 10.03.2017, the claimant/appellant has preferred the above Civil Miscellaneous Appeal.

(2.) According to the claimant/appellant, he was working as an Auto Driver under the first respondent / employer and was earning the wages, a sum of Rs.10,000/- per month. The vehicle was insured by the second respondent and the insurance was in force as it covered for the period between 08.11.2013 and 06.11.2014. On 27.10.2014, when he was driving his Auto-Rickshaw from Pozhichalur to Pammal, an unknown motorcyclist came in the opposite direction in a rash and negligent manner. In order to avoid collision, the appellant applied sudden break, in which the Auto- Rickshaw capsized. In the accident, the appellant suffered injuries viz., (i) Grade III B compound fracture in lateral malleolus right leg; (ii) lacerated wound medial aspect of right ankle; (iii) soft tissue defect over lateral aspect of right ankle; and (iv) multiple injuries all over the body. He had taken first aid at Government Hospital, Chrompet and got admitted in Dr.Rajiv Gandhi Government General Hospital on 28.10.2014 and underwent surgery. On 01.11.2014, he was discharged and thereafter, he was treated as an out-patient.

(3.) The Authority under Workmen's Compensation Act has found the factum of accident and the employment status of the claimant under the first respondent on the date of accident viz., 27.10.2014 were proved. Since the vehicle was covered by insurance for a period between 08.11.2013 and 06.11.2014, by the second respondent, fixed the responsibility of payment of compensation on the insurance company.