ORIENTAL INSURANCE COMPANY LIMITED Vs. M.JOHNSON

JUDGEMENT

(1.) THE appellant/2nd respondent has preferred the present appeal in CMA(MD).No.1049 of 2009, against the award made in W.C.No.277 of 2006, on the file of the Workmen Compensation Commissioner and Deputy Commissioner of Labour, Dindigul.

(2.) THE short facts of the case are as follows:- The petitioner has filed a claim in W.C.No.277 of 2006, claiming a compensation of Rs.7,00,000.00 from the 1st and 2nd respondents, for the injuries sustained by him in a motor vehicle accident, while he was doing his duty and under the employment of the 1st respondent as a driver of the 1st respondent's vehicle. It was submitted that the petitioner was working as a driver of the 1st respondent's Jeep bearing registration No.TN-59W-9399 and that on 24.04.2005, at about 11.00 p.m., when the petitioner was driving the Jeep on the Madurai-Trichy National Highway and when it was proceeding between Kathapatti and Vellaripatti Village, the lorry bearing registration No.TN-59W-4044, coming in the opposite direction and dashed against the Jeep and caused the accident. The petitioner sustained injuries all over his body and sustained fractures of his Right Tibia bone and fractures in his forehead and his left eye sight was also impaired. He was immediately admitted at Meenakshi Mission Hospital, Madurai and received treatment as an inpatient from 24.06.2006 to 21.05.2006 and that subsequently he has been receiving treatment as an outpatient. At the time of accident, the petitioner was earning a monthly income of Rs.4,000.00 and he was aged 25 years. Due to the injuries sustained in the accident, the petitioner is not able to stand or walk and has frequent headaches, giddiness and forget fulness and his eye sight has also been impaired. Hence, the petitioner has filed a claim as against the 1st and 2nd respondents, who are the owner and insurer of the Jeep bearing registration No,.TN-59W-9399.

(3.) ON the petitioners side, the petitioner was examined as PW.1 and one Dr.Vijayakumar was examined as PW.2 and nine documents were marked as Exs.P1 to P9 namely: Ex.P1-F.I.R; Ex.P2-wound certificate; Ex.P3-discharge summary issued by Meenakshi Mission Hospital, Madurai; Ex.P4-driving licence; Ex.P5-RC book; Ex.P6-insurance policy; Ex.P7-charge sheet; Ex.P8-disability certificate and Ex.P9-X ray. On the respondent's side, the Senior Assistant of the 2nd respondents firm, one M.Muralidharan, was examined as RW.1 and one document i.e., copy of the extract of driving licence of petitioner was marked as Ex.R1.