NATIONAL INSURANCE CO., LTD Vs. B. JAYAPAL

JUDGEMENT

(1.) THE appellant / second opposite party has preferred the present appeal against the Order dated 25.06.2001, made in W.C.No.58 of 1999, on the file of the Commissioner for Workmen's Compensation and Deputy Commissioner of Labour II, Chennai 6.

(2.) THE short facts of the case are as follows: The applicant has filed the claim petition in W.C.No.58 of 1999, on the file of the Commissioner for Workmen's Compensation and Deputy Commissioner of Labour II, Chennai 6, claiming compensation of a sum of Rs.3,00,000/ from the opposite parties for the injuries sustained by him in an accident arising out of and while doing his duty under the employment of the first opposite party.

(3.) THAT on 22.08.1998, at about 11.30 a.m., the applicant along with his friends Vijayan and Seenu were proceeding in the van, after finishing their work at Thatchur and returning to Ponneri and when they were nearing Andarkuppam Indian Bank, the van had collided with a road side tree and in the said accident, the applicant along with his friends sustained grievous injuries. The applicant was taken to Government General Hospital, Chennai and was admitted as an inpatient. Due to the injuries sustained in the accident, the applicant's left leg movement had been lost and his disability was assessed at 60%. Hence, the applicant had filed the claim petition against the opposite parties, who were the owner and insurer of the van bearing registration No.TN21 X6919.