NATIONAL INSURANCE COMPANY LTD Vs. A.SELVARAJU

JUDGEMENT

(1.) THE appellant / second opposite party has preferred the present appeal against the Order dated 14.11.2005, made in W.C.No.265 of 2002, on the file of the Commissioner for Workmen's Compensation, Salem.

(2.) THE short facts of the case are as follows: -

(3.) THE second opposite party Insurance Company had filed their counter affidavit and resisted the claim application. They had submitted that the applicant was not working as a driver of the lorry bearing registration No.KA01 A5277. Further, the said accident had not happened during the course of employment. Further, as per the averments of the claim application, the applicant and the lorry cleaner had both stationed the lorry at Namakkal and went for tea and after having tea, they had started the lorry, but it did not start due to the battery being down. This contention is not admissible, since at the time of parking of the lorry, the lorry was in a fit condition to move on the public road. Further, they had denied the averments regarding nature of injuries, mode of treatment and income etc.