BRANCH MANAGER Vs. THIRUMALAICHAMY

JUDGEMENT

(1.) The Civil Miscellaneous Appeal has been filed under Section 30 of the Workmen's Compensation Act, 1923, challenging the order dated 05.05.2016, made in W.C.No.147 of 2008 passed by the Commissioner for Workmen's Compensation, Dindigul.

(2.) The Appellant/insurer, who was made liable to pay compensation of Rs.4,08,198/- to the claimants, who are the legal heirs of the deceased Siva, who died in an accident occurred on 19.03.2007, challenged the liability mulcted on it.

(3.) The case of the claimants is that their son Siva was working as a load-man under the third respondent/first respondent in his tractor bearing Registration No.TN 65 E 3197, that on 18.03.2007 at about 11.30.am, random rubble stones were loaded from Narioothuparai and proceeded towards Pallapatti, that on 19.03.2007 at about 01.30.am when the tractor was proceeding in front of Pottisettipatti cross near Ammaiyanaikanur, a Bus bearing Registration No.TN 07 N 9342, which came behind the tractor in a rash and negligent manner, dashed against the tractor and as a result of which, the load-man Siva sustained serious head injuries and multiple injuries all over his body, that he was immediately taken to Rajarajeswari Nursing Home, Dindigul and was admitted as an inpatient and that despite treatment, he succumbed to the injuries on 24.03.2007.