SIDHAIYAN Vs. V. AMUDHA

JUDGEMENT

(1.) THE appellant / applicant has preferred the present appeal against the Order dated 15.05.2006, made in W.C.No.539 of 2003, on the file of the Commissioner for Workmen's Compensation, Salem.

(2.) THE short facts of the case are as follows: The appellant/applicant had filed an application in W.C.No.539 of 2003, on the file of the Commissioner for Workmen's Compensation, Salem, against the respondents herein, claiming a sum of Rs.1,00,000/ as compensation, stating that on 14.10.2002, at about 02.00 a.m., the applicant and others were coming in a lorry bearing registration No.TNX 3426 loaded with raw materials for making broomsticks, from Kotagiri to Sathiyamangalam and when the lorry was nearing Chinnakallipatti junction, the driver of the said lorry turned to the left side to avoid hit on the vehicle, which was coming in an opposite direction and as a result, the lorry had capsized on the left side of the main road. Due to the said accident, the appellant and others were seriously injured and hence, the appellant had been admitted in hospital as an inpatient for medical treatment.

(3.) THE second opposite party had filed a counter statement and resisted the claim petition. The second respondent herein had denied the accident as stated by the applicant and further the applicant and others did not travel on the lorry along with the raw materials and they were travelling on the lorry as passengers with the knowledge of the first opposite party. The lorry used as a goods carrier. As such, the permit conditions of the vehicle were violated. Therefore, the Insurance Company was not liable to pay compensation and there was no employer employee relationship among the first opposite party and the appellant.