LAWS(MAD)-2001-1-59

RAMALINGAM N Vs. SANJAYTRADING CORPN

Decided On January 24, 2001
RAMALINGAM N. Appellant
V/S
SANJAY TRADING CORPORATION, MADRAS Respondents

JUDGEMENT

(1.) The appeal is filed as against the order passed by the Commissioner for Workmen's Compensation, Madras, in W.C. No. 157 of 1988. The appellant as applicant has filed the claim petition under Section 10(1) of the Workmen's Compensation Act, against the first respondent-management and the second respondent, the insurance company, claiming compensation.

(2.) The appellant was the driver under the first respondent. According to the claim petition filed by the appellant on February 28, 1988 while he was taking long ride of the first respondent car TCZ 4300 for testing and finding out its suitability, after repair he met with an accident and received personal injury on February 28, 1988 at about 2.15 P.M. due to the car dashing against the trees on the road near Puduchatram, on Thirumalisai Thiruvellore Road and sustained grievous and multiple injuries leading to partial and permanent disability which arose out of and in the course of employment and that he worked continuously under the first respondent from July 1, 1987 and that he was getting a monthly salary of Rs. 900 and the appellant further contends that he was an inpatient in Government General Hospital, Madras, from February 28, 1988 to May 4, 1988 and he was aged 40 years and he also sustained partial and permanent disability to the extent of 40 per cent.

(3.) The first respondent, management resisted the claim of the appellant contending that on February 28, 1988 when the vehicle was involved in the accident, the accident was not out of and in the course of the employment of the appellant with the first respondent and that it was stated that the appellant also did not take the vehicle for trial or testing on February 28, 1988 and the petition has to be dismissed.