NATIONAL INSURANCE COMPANY LIMITED Vs. LAKSHMI; BALASUNDARI; BALAMURUGAN; BALASARASWATHI; BALASUBRAMANIAN; P T JAMBERT MATHURAM

JUDGEMENT

(1.) The appellant/2nd respondent has preferred the present appeal in CMA(MD).No.1417 of 2008, against the order of the Commissioner for Workmen's Compensation (Deputy Commissioner for Labour), Tirunelveli, passed in W.C.No.96 of 2006.

(2.) The short facts of the case are as follows:-

(3.) The 1st respondent in his counter has submitted that the accident occurred only due to the negligence of the (deceased) Paulraj and that it is for the applicants to prove that the (deceased) Paulraj was aged 55 years and getting an income of Rs.3,000/- per month. It was submitted that as the 1st respondents vehicle had been insured with the 2nd respondent at the time of accident, only the 2nd respondent can be held liable to pay compensation, if decided so and that the 1st respondent cannot be held liable to pay any compensation.