M. SUDHAKAR @ MADHAN Vs. D. BHAKTHA SINGH

JUDGEMENT

(1.) THIS Appeal arises against the order dated 12.10.2009 made in W.C. Case No. 399 of 2005 on the file of the Deputy Commissioner for Labour Court No.1, Chennai.

(2.) THE Appellant/Claimant moved Claim Petition under the Workmen 's Compensation Act in W.C. No.399 of 2005 before the Deputy Commissioner of Labour Court No.1, Chennai. It was submitted that he has suffered an accident in the course of employment under the First Respondent involving a Van driven by him and a Lorry at about 9.15 a.m., on 28.4.2005. He suffered fracture of his right hand as also multiple injuries all over the body and face. Before the Commissioner, the Appellant examined himself as PW1 as also two Doctors, who have examined the Appellant and treated him. On the Applicant side 10 Exhibits were marked. None have been examined on behalf of the Respondents.

(3.) HOWEVER , the lower forum has directed the payment of said sum only by the First Respondent -Employer and observed that the Second Respondent Insurer had no responsibility on the reasoning that the Appellant has not proved that he was holding a valid licence on the date of accident. We straight away may state that we are unable to accept such finding when the lower forum itself relies on the driving licence produced towards ascertaining the age of the Appellant. Therefore we set aside the finding of the lower forum fixing responsibility only upon First Respondent/Employer. We hold that the liability to effect payment of compensation shall be upon both Respondents jointly and severally.