UNITED INDIA INSURANCE CO LTD Vs. M PERIYASAMY

JUDGEMENT

(1.) This civil miscellaneous appeal has been preferred against the order passed in W.C. No. 346 of 2000 by the court of Commissioner for Workmen's Compensation, Madurai.

(2.) The respondent No. 1 herein as applicant has filed the application and the same has been taken on file in W.C. No. 346 of 2000 on the file of the Commissioner for Workmen's Compensation, Madurai, wherein the present appellant has been shown as opposite party No. 2 and the respondent No. 2 herein has been shown as opposite party No. 1.

(3.) It is stated in the petition that the accident has taken place near Nakkalapatti Chamber, Madurai District on 13.9.2000 at about 11 a.m. The applicant has been working under the opposite party No. 1 as a driver of Tata Sumo car bearing the registration No. TN 57-B 4077 and he has driven the same from Thottappanaikanoor to Usilampatti. The said vehicle has been insured with the opposite party No. 2. The applicant has driven Tata Sumo car with due care and caution and on the extreme left side of the road and at that time a car bearing registration No. TN 09-P 3939 has come from opposite side and the driver of the said car has driven the same in a rash and negligent manner and dashed against the car bearing registration No. TN 57-B 4077 and due to accident, the applicant has sustained grievous injuries and he has been taken to Rajaji Government Hospital, Madurai. The opposite party No. 1 is the master of the applicant and the car bearing registration No. TN 57-B 4077 has been insured with the opposite party No. 2. The petitioner has earned monthly salary of Rs. 3,300. Under the said circumstances, the petitioner has claimed Rs. 4,23,146 by way of compensation.