VIJENDRAN Vs. KAVUNDIANNAN

JUDGEMENT

(1.) The Award dated 31.08.2007 passed in W.C.No.404 of 2005 is under challenge in the present Civil Miscellaneous Appeal.

(2.) The claimant filed the appeal on the ground that he was working as a driller with the first respondent prior to one year from the date of accident. On 22.01.2005 at about 7.30 p.m, as per the instructions of the first respondent, the appellant set a point to dug up a bore well at Laxmi Traders, Jakkad Nakka, Valsad Road, Dharampur in Gujarat State. He sustained injuries on account of the accident and was taken to Vikramsingh Hospital at Dharampur and first aid was given. Thereafter, the appellant was shifted to L.K.M.Hospital at Erode and admitted as an inpatient. The petitioner took treatment from 25.01.2005 to 31.01.2005 and thereafter, had taken treatment as out patient.

(3.) The application was filed, claiming compensation. The Deputy Commissioner of Labour adjudicated the issues with reference to the documents and evidences elaborately. The ground raised by the appellant is that exoneration of the second respondent Insurance company from liability is erroneous. The Deputy Commissioner of Labour fixed the liability on the first respondent, who was the owner of the vehicle and therefore, the claimant has preferred an appeal. Though the aggrieved person is the owner of the vehicle, the appellant has chosen to file the appeal, supporting the contentions of the first respondent/owner of the vehicle.