NATIONAL INSURANCE CO LTD Vs. PALANIAMMAL

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been preferred against the award made in W.C.No.387 of 2004 on the file of the Commissioner for Workmen's Compensation Court / Deputy Commissioner of Labour, Salem, dated 16.10.2009.

(2.) The appellant herein is the National Insurance Company, who is the second opposite party in the claim application.

(3.) The brief facts of the claim application is that the claimant was a cooli employee under the first respondent for the purpose of taking the sugarcane crops to the respondent's factory. He had been working under the first respondent for nearly seven years. On 27.06.2014, while the sugarcane load was taken to the first respondent's factory, the claimant was siting front side of the sugarcane load, which had fallen on him and in turn, he had fallen from the tractor and the wheel of the tractor ran over the him and he sustained several injuries all over the body. The claimant was also given treatment for the said injuries. A criminal case also registered in Jadarpalayam Police Station. It is the averment of the claimant that he was 25 years at the time of accident and his monthly income was Rs. 4,000/- and the disability, which he sustained is also 100% and therefore, he claimed a sum of Rs. 5 lakhs as compensation.