NATIONAL INSURANCE COMPANY LIMITED Vs. TMT.TAMILARASI

JUDGEMENT

(1.) One Alagarsamy filed W.C.No.45/2000 on the file of the Commissioner for Workmen's Compensation (Deputy Commissioner of Labour), Trichirappalli, claiming compensation for the injuries suffered by him while he worked as a driver in a Lorry that was owned by the 4th respondent in this appeal who was the 1 st respondent in the claim petition. The 2nd respondent in the claim petition is the insurance company which is the appellant herein.

(2.) According to the claimant, on 11.07.1999, while he went on the top of the aforesaid Lorry to see whether the load position is proper, he fell down and sustained fracture of right thigh and injuries all over the body. He claimed 100% disability as he could not again do the work of Lorry driver, which he did earlier. He was aged 40 years at the time of accident. He was in receipt of Rs.2,000/ - as wages and Rs.1,000/ - as batta. He claimed compensation of Rs. 2,50,000/ -. After the filing of the claim petition, he died and the legal heirs of Alagarsamy were brought on record as claimants. The claim is for the injuries suffered by Alagarsamy and it is not for the death of Alagarsamy.

(3.) Before the Deputy Commissioner of Labour, Thiru.Alagarsamy got examined as a first witness and four other witnesses were examined and Exs.P1 to P8 were marked. On the side of the insurance company, one witness was examined and no documents were marked.