MGMT OF PATC LTD Vs. NATHAIAN

JUDGEMENT

(1.) The respondent/opposite party in the Workmen's Compensation Case is the appellant herein, The respondent herein filed O.P. claiming compensation.

(2.) The case of the petitioner is as follows: On April 6, 1986 while the petitioner was working as a conductor in the bus Route No. 303 plying between Madras and Hosur, at about 10.30 p.m. at Krishnagiri a tractor was approaching the bus from the opposite side and the driver of the bus in order to avoid a collision steered the bus to the side of the road and in the above process, the rear portion of the bus came into contact with a stationary lorry and the petitioner sustained injuries. The petitioner took treatment in C.M.C. Hospital, Vellore and later he reported for duty on August 21, 1987 and he was posted to work as time keeper for one month at Madras and thereafter, he was posted to work as time keeper in Broadway bus stand, Madras and ultimately, he was retrenched from service on and from September 30, 1991. The petitioner made several representations to the Management to pay compensation. The respondent has not paid compensation. Hence, this application is filed for compensation of Rs.81,535/-.

(3.) The case of the respondent is as follows: The application is barred by limitation. The petitioner has to prove the age and income as alleged in the petition. The compensation claimed is excessive. As the accident occurred 8 years ago, the respondent is not able to trace back the records.