BRANCH MANAGER Vs. INDIRA

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by the appellant/Insurance Company against the award dated 13.05.2016 made in W.C.No.4 of 2013 on the file of the Commissioner for Workmen's Compensation (Deputy Commissioner of Labour), Madurai.

(2.) The appellant is the second respondent in W.C.No.4 of 2013. The respondents 1 and 2 herein filed the said petition stating that they are the legal heirs and dependents of the deceased Moorthi @ Uthira Moorthi, who was a workman employed as a Driver under the first respondent's vehicle bearing Registration No.TN 57 AD 1369. It is further averred that on 11.09.2011, at about 02.00 p.m., while the deceased was driving the above said vehicle, towards south to north at Thirumangalam to Dindigul Four Way Road, on the southern side of Thuvariman Kanmai, since the driver has lost the control of the vehicle, dashed against the Container Lorry bearing Registration No.TN 69 J 5166 and due to that, the vehicles were capsized and in the said accident, the said Moorthi @ Uthira Moorthi sustained multiple injuries and died on the spot.

(3.) Before the Deputy Commissioner of Labour, Madurai, the respondents 1 and 2/claimants examined one witness as P.W.1 and marked nine documents as Ex.P.1 to Ex.P9. The appellant/Insurance Company examined Two witnesses as R.Ws.1 and 2 and marked four documents as Exs.R1 to R4.