ORIENTAL INSURANCE COMPANY LIMITED Vs. MOHAN

JUDGEMENT

(1.) The Oriental Insurance Company, Virudhunagar, aggrieved by the order of the Workmen's Compensation Commissioner (Deputy Commissioner for Labour), Madurai dated 08.08.1994 made in W.C.No.171 of 1993 has preferred the above appeal.

(2.) In respect of grievous injuries sustained in a motor vehicle accident that took place on 30.11.1992, the first respondent herein - applicant has prayed for a compensation of Rs.1,04,960/- before the Deputy Commissioner for Labour. Before the said Authority, the applicant himself was examined as A.W.1 and Dr. L.T. Thulasi Raman as A.W.2 and marked Exs.A.1 to A.12 in support of his claim for compensation. On the side of the management, no one was examined, however, the Insurance Company has marked Exs.R.1 and R.2 in support of their defence. The Authority, after considering all the materials, after holding that the applicant sustained injuries in the course of his employment, based on the evidence of the Doctor, disability and after assessing the loss of earning capacity, directed the Insurance Company to pay a sum of Rs.1,04,960/-. Questioning the said order, the appellant - Insurance Company has filed the present appeal. Pending disposal of the appeal, on the death of the first respondent - applicant, his legal representative - mother, namely, Mrs. Ramu Ammal was brought on record as third respondent.

(3.) We have heard, Mr. M.B. Badrinath, learned counsel for the appellant and Mr. R. Saravanan, learned counsel for the contesting third respondent.