SEVUGARATHINAM Vs. B MEENAKCHI SUNDARAM

JUDGEMENT

(1.) The appellant/applicant has preferred the present appeal in C.M.A. No. 894 of 2002, against the order passed in W.C. No. 224 of 1993, on the file of the Commissioner for Workmen's Compensation, Madurai. The Applicant has filed the claim in W.C. No. 224 of 1993, claiming compensation of a sum of Rs. 1,48,253/- from the respondents for the injuries sustained by him in a Motor Vehicle Accident arising out of and while doing his duty in the course of employment under the 1st respondent. It was submitted that while the petitioner was employed as a cleaner in the 1st respondent's lorry bearing registration No. TDI-3604. On 06.06.1990, when he was working as cleaner, he met with an accident at Veppur, due to while the applicant's right leg was amputated and his left leg was fractured. It was submitted that the applicant had sustained 100% disability due to the accident. At the time of accident, the applicant was aged 28 years and getting monthly salary of Rs. 1,000/- plus batta of Rs, 400/-. Hence, the applicant has filed the claim against the 1st and 2nd respondents, who are the owner and insurer of the lorry bearing registration No. TDI-3604.

(2.) The 1st respondent, in his counter has submitted that the applicant was working as a cleaner of the 1st respondent's lorry bearing registration No. TDI-3604. It was also admitted that on 6.6.1990, he had sustained grievous injuries in an accident that took place at Veppur. It was submitted that as the 1st respondent's lorry had been insured with the 2nd respondent at the time of accident, only the 2nd respondent is liable to pay compensation.

(3.) The 2nd respondent in his counter has denied in to all the averments and allegations contained in the claim.