K.VELLAISAMY Vs. A.MARIA ALANGARAM

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed against the order made in decree and judgment dtd. 30/11/2009 passed in W.C.No.197 of 2005 on the file of Commissioner for Workmen Compensation (Deputy Commissioner of Labour), Madurai. Appellants 2 to 4 are the legal representatives of the deceased first appellant / claimant. Respondents are the respondents in the claim petition.

(2.) Brief substance of the claim petition is as follows: The petitioner was working as a lorry driver in a lorry bearing registration number TCM 1819 that belongs to the first respondent. When the said lorry was taken for a trip from Madurai to Bangalore, and was near ing Eudhigal village, Neelamangalam Taluk, the petitioner was covering the loaded goods and he slipped down and fell unconscious. He was admitted as inpatient in the National Institute of Mental Health and Neuro Science, Bangalore from 23/5/2005 to 25/5/2005 and then he was treated as inpatient in Government Rajaji Hospital, Madurai from 26/5/2005 to 31/5/2005 and then he is taking treatment as outpatient till date. Due to the accident the petition sustained severe head injury on his left side and extensive injury on his left eye and multiple grievous injury all over the body. His left eye was totally blind. He is unable to chew the food and he could not do his avocation as earlier. He filed a claim petition before the Deputy Commissioner of Labour, Madurai.

(3.) Brief substance of the counter filed by the first respondent is as follows: