LAWS(MAD)-2012-3-300

NATIONAL INSURANCE COMPANY LTD Vs. RAJESHKANNAN

Decided On March 08, 2012
NATIONAL INSURANCE COMPANY LTD Appellant
V/S
RAJESHKANNAN Respondents

JUDGEMENT

(1.) BEING aggrieved by the award made in W.C. No. 274 of 2004, dated 19.12.2005 on the file of the Commissioner for Workmen's Compensation -2/Deputy Commissioner of Labour -2, Chennai, the appellant -Insurance Company has filed this appeal.

(2.) ACCORDING to the respondent/applicant, he was working as a Casual Labourer under the 1st Opposite Party and that on 11.3.2003, while he was working at the factory, fell down and sustained fracture of both his legs. He was treated as inpatient in Stanley Medical College Hospital, Chennai, for two days. On the compulsion of his employer, he was discharged against medical advice and took treatment in a private hospital. At the time of accident, he was 25 years old. Due to the fracture, he has lost his job. He claimed compensation of Rs.4,00,000/ -.

(3.) BEFORE the Commissioner for Workmen's Compensation, the respondent examined himself as A.W.I and A.W.2 is the Doctor, who examined the applicant, with reference to medical records. Exhibit P -1 - Dis - charge Summary, Exhibit P -2 - Insurance Policy, Exhibit P -3 - Legal Notice, Exhibit P -4 - Disability Certificate and Exhibit P -5 - X -Ray have been marked on the side of the respondent/applicant. On behalf of the 2nd opposite party, two witnesses were examined as R.Ws. 1 and 2. Exhibit R -1 - Investigation Report, Exhibit R -2 - Letter of the respondent/applicant, dated 3.3.2004, Exhibit R -3 - Letter of authorisation of the Insurance Company to investigate and Exhibit R -4 - Insurance Policy have been marked on side of the appellant Insurance Company.