THE DIVISIONAL MANAGER Vs. R.PITCHAI

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is directed against the award, dated 04.08.2011 made in WC No.237 of 2006 on the file of the Workmen Compensation (Deputy Commissioner of Labour), Madurai.

(2.) It is revealed from the records that the 1st respondent/applicant is working as a Driver under the 2nd respondent herein in the auto rickshaw TN-58-C-1154 and he was earning Rs.5,000/- per month. On 23.08.2003 at about 6.00 am, when the 1st respondent herein drove the auto rickshaw TN-58-C-1154 on Madurai-Theni Road, near Achampattu, the mini Lorry TN-58-F-4414 came in a rash and negligent manner and dashed against the front side of the auto rickshaw. In the accident, the 1st respondent herein sustained multiple grievous injuries all over the body and immediately, he was taken to Government Rajaji Hospital, Madurai and then, he was taking treatment at Vijaya Hospital, Modakkusalai, Madurai, as inpatient. The 1st respondent herein filed a claim petition seeking compensation of Rs.5,00,000/-alleging that he sustained injuries in the course of employment working under the 2nd respondent herein.

(3.) The 1st respondent/applicant has stated that the deceased was 36 years at the time of accident and he was working as a Driver under the 2nd respondent herein, thereby he was getting Rs. 5,000/- per month. It is alleged that the applicant sustained injuries only during the course of employment under the 2nd respondent herein.