UNITED INDIA INSURANCE CO. LTD. Vs. SUBRAMANI

JUDGEMENT

(1.) BEING aggrieved by the finding, fastening liability on the Appellant -Insurance Company to pay compensation of Rs.68,241/ - to the Respondent/Appellant, with interest at the rate of 12% per annum, the present Appeal has been filed.

(2.) AS per the averments made in the Claim Petition filed under Section 30 of the Workmen 's Compensation Act, the Respondent/Applicant was an employee of the 1st opposite party for loading and unloading purposes of the goods transported in a Tempo Van, bearing Registration No.TN -27 -E -6498, insured with the Appellant -Insurance Company. The vehicle was covered by a valid policy. While he was employed as a Milkman in the said vehicle on 09.07.2002, about 4.00 a.m., near Hudson Dairy at Karipatti, the driver of the Tempo Van, drove the vehicle in a rash and negligent manner, dashed against a Lorry bearing Registration No.TN -43 -7727 on its backside.

(3.) RESISTING the claim, the 1st opposite party has disputed the manner of accident, relationship of employer -employee and the nature of injuries. He has further submitted that in the absence of impleading the owner of the Lorry, bearing Registration No.TN -43 -7727, involved in the accident and its Insurer, the Claim Petition is liable to be dismissed. Without prejudice to the above, they disputed the age, avocation and income of the Respondent/Applicant.