K. VIJAYAN Vs. R.G. VARADHAN

JUDGEMENT

(1.) This appeal is preferred by the appellant/petitioner in W.C. No.29 of 1999 before the Commissioner of Workmen Compensation-I (Deputy Commissioner of Labour-I), Chennai.

(2.) According to the appellant he was working as a driver under the first respondent and was driving a lorry bearing registration No.KA01-5769. On 107.1998, while he was driving the said lorry, he stopped the lorry to help himself with a cup of tea. While so, another lorry bearing registration No.AP26-V-5767 dashed against him owing to which he suffered fracture to his left leg and was admitted in the hospital. Hence, he invoked the jurisdiction of Workmen Compensation Act and sought a compensation of Rs. 5,00,000/-.

(3.) Opposing the said claim, the second respondent/Insurance Company defended the action on two grounds :