LAWS(MAD)-2008-11-178

KERALA ROADWAYS LIMITED Vs. P THULASIRAMAN

Decided On November 18, 2008
KERALA ROADWAYS LIMITED Appellant
V/S
P. THULASIRAMAN Respondents

JUDGEMENT

(1.) THE allegations contained in the claim application are as follows:-1.1. THE applicant is a workman employed by the opposite party as a load-man in their go-down at No.336, Waltax Road, Chennai-

(2.) IN the counter filed by the opposite party, it is averred as follows:-2.1. It is stated that the applicant has never worked under the opposite party. It is incorrect to state that while loading iron pipes, by means of fall of an iron pipe, fracture occurred in his leg on 04.05.1999 at 6.00 p.m. It is denied that the applicant-s monthly wages was Rs.3,000/- including batta. The opposite party was not aware of the accident which is said to have taken place on 04.05.1999, much less involving the accident, the applicant. Hence, the petition has to be dismissed.

(3.) IT is the version of the respondent that he had worked under the appellant and that he sustained fracture in his leg while he was on duty on 04.05.1999 at about 6.00 p.m. in the appellant-s establishment. IT is further stated that he was drawing Rs.3,000/- per month as monthly wages including batta. The appellant strongly denied the above said allegations and it is the case of total denial in the counter.