ICICI LOMBARD GENERAL INSURANCE CO. LTD. Vs. RAJENDRAN

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed challenging the award passed in the proceedings W.C.No.95 of 2008, dated 13.07.2011 on the file of the Commissioner of Workmen Compensation (Deputy Commissioner of Labour), Tiruchirapalli.

(2.) The 1st respondent herein/claimant in W.C. Proceedings claimed compensation of Rs.5,00,000/- and in the claim petition, it is stated that the second respondent herein/1st respondent in the Proceedings was employed the claimant i.e., Rajendran as a load-man in his lorry bearing registration No.TN- 48-J-1116. On 22.11.2007 at 5.15 a.m., the 2nd respondent lorry was met with an accident near Kumaragiri Spinning Mill, Rayakottai Highways Road on Adiyamankottai, Dharmapuri District. In the above said accident, Rajendran, 1st respondent herein, being the load-man of the lorry got multiple grievous injuries all over his body and immediately, he was admitted in Government Hospital, Dharmapuri. Thereafter, admitted in Thangalan Clinic, Musiri, for one day as out-patient and then, taking treatment in a private Hospital. The police registered a case in crime No.870 of 2007 under sections 279 and 337 IPC. At the time of accident, the claimant was aged about 40 years and was earning Rs.5,000/- per month. Therefore, the claimant claimed a compensation of Rs.5,00,000/- before the Commissioner of Workmen Compensation, Tiruchirapali, against the owner and insurer of the lorry.

(3.) The second respondent/first respondent i.e., owner of the vehicle has not appeared before the authority. On the side of the appellant/2nd respondent the Insurance Company filed counter, in which, it is denied the manner of alleged accident stated in the claim petition and stated that the averments made in the copy of the FIR can not be accepted and the claimant should prove the manner of the accident and further stated that the claimant should also prove his age, occupation, monthly income, nature of injuries and avocation at the time of accident.