NATIONAL INSURANCE CO. LTD. Vs. E. CHANDRA

JUDGEMENT

(1.) THIS Appeal has been filed under Section 30 of the Workmen 's Compensation Act, 1923 by the M/s National Insurance Company Limited against judgment and award dated 31.5.2006 passed by the Deputy Labour Commissioner II for Workmen 's Compensation, Chennai in W.C. No.276/2005.

(2.) THE brief facts of the case are that the Claimant E. Chandra was working as a driver in Lorry bearing Reg. No.TN -23 -4309 under the employment of the 2nd Respondent. On 12.3.2005 at about 23.30 hours, the Lorry met with an accident in Vikkiravandi Bypass road, in which the Claimant sustained grievous injuries and multiple fractures on the right leg. He was admitted as an inpatient in the Government Hospital, Villupuram till 14.3.2005 and thereafter, took treatment in a Private Hospital, namely, Aysha Hospital. He was 25 years old and was drawing a Salary of Rs.250/ - per day. According to him, he had become unfit to do his job as a driver and therefore, he claimed compensation to the determined in accordance with law.

(3.) BOTH the parties led evidence in support of their case. The Claimant examined himself as PW1 and examined the Doctor, who assessed disability of the Claimant, as PW2 and marked Ex.A1 to A9. On the side of the Appellant -Insurance Company, RW1 was examined. The Deputy Labour Commissioner II, after having assessed the entire evidence available on record and having heard the learned Counsel for the parties, awarded a sum of Rs.2,21,602/ - in favour of the claimant vide judgment and award dated 31.5.2006. Aggrieved by the aforesaid judgment and award, the Insurance Company has filed this Civil Miscellaneous Appeal.