ORIENTAL INSURANCE Vs. G ELANGO

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal is filed by the appellant/second respondent The oriental Insurance Company Ltd, represented by its Divisional Manager, dissatisfied with the award dated July 15, 2004 passed in W. C. No. 200/2002 by the Commissioner for Workmen's compensation, Madurai/tribunal.

(2.) THE first respondent/petitioner has filed a claim petition before the Commissioner/ tribunal claiming a compensation of Rs. 4,78,560/- (Rupees Four Lakhs Seventy Eight thousand Five Hundred and Sixty only) and the commissioner/tribunal after contest, on an appreciation of oral and documentary evidence has passed an award on July 15, 2004 awarding a sum of Rs. 1,08,146/- (Rupees One Lakh eight Thousand One Hundred and Forty Six only) and directed the appellant/second respondent Insurance Company to deposit the said sum within thirty days from the date of receipt of a copy of this order, failing which the said sum shall carry an interest at the rate of 12% p. a. from the date of petition till date of deposit etc.

(3.) THE short facts of the claim are as below: the first respondent/petitioner who was a workman employed by the second respondent/first respondent on December 8, 2001 at about 11. 00 p. m, met with an accident near Kamalapuram and received multiple abrasions in both lower limbs, dislocation of right hip and multiple injuries all over the body. The first respondent/petitioner was a mechanic with the second respondenl/first respondent. While on the date of occurrence, the first respondent/petitioner and one Prabhu tried to remove the front tyre of the bus bearing registration No. TN-59-E-8589 and in that process, the bus suddenly ran over the first respondent/petitioner and the said Prabhu who was also a mechanic. Due to the sudden impact, the first respondent/petitioner received multiple abrasions in both lower limbs, right lower limb internal rotation, addiction and iflecious, right hip joint femoral pulse comparatively lock in left side, movements of right hip restricted and multiple injuries all over the body.