UNITED INDIA INSURANCE CO.LTD. Vs. K.VELMURUGAN

JUDGEMENT

(1.) CHALLENGING the award and decree passed by the Deputy Commissioner of Labour, Dindgul, the appellant Insurance Company herein / 2nd respondent in W.C.No.279 of 2005, this Civil Miscellaneous Appeal is filed.

(2.) THE first respondent herein filed a claim petition in W.C.No.279 of 2005 for compensation of Rs.5,00,000/- in which it is stated that on 30.06.2005 at about 10.30 p.m., while he was working as a driver in mini lorry bearing Reg.No.TN-28-1838, belonging to the 2nd respondent herein, from South to North in Dindigul - Madurai Main Road, and when nearing RMTC Nagar, at that time, in the opposite direction, another vehicle came and due to head light flash from that vehicle, the driver of the mini lorry / claimant lost his control over the vehicle and dashed against the vehicle bearing Reg.No.TN-27-X-0499. In the above said accident, the driver of the mini lorry, who is the claimant sustained grievous injuries and three persons were died and criminal case also registered in Crime No. 90 of 2005 for the offences under Sections 279, 337 and 304(a) of IPC. It is also averred in the claim petition that the claimant was taking treatment in a private hospital at Dindigul City on 01.07.2005 and discharged from the same day and due to head injury sustained, he was taking treatment in Shoba General Hospital, as inpatient from 01.07.2005 to 09.07.2005.

(3.) THE second respondent herein, who is the owner of the vehicle, remained exparte in the Commissioner proceedings.