P ANTHARAVELU Vs. A SINGARAVELU

JUDGEMENT

(1.) The appellant is the applicant who preferred the Civil Miscellaneous Appeal against the Order passed by the Deputy Commissioner for Workmen Compensation I in W.C.No.277 of 2008 dated 03.02.2011. W.C.No.277 of 2008 was preferred by the applicant claiming a compensation for the accident that occurred while he was in employment under first respondent. The second respondent herein is the Insurance Company.

(2.) The brief facts of the applicant is that the applicant P.Antharavelu was working as a driver under the first respondent. He was a driver of the Goods auto bearing Regn.No.TN-07-AA-5810 which is owned by first respondent. The claimant has filed this application by stating that on 08.10.2007 while he was in employment and while he was engaged in his work , he met with an accident and for which he is claiming a compensation for loss of earning, under Section 10(1) of Workmen Compensation Act 1923.

(3.) It is stated by the claimant that while he was in employment under first respondent as driver. On 08.10.2007 at about 9.30 p.m after unloading the goods and proceeding at Adyar Sastri Nagar from 1st Cross Street to 3rd Cross Street, the vehicle got capsized and due to the said accident, he had sustained injuries in his right hand. After the accident, immediately he was taken to Swaram Nursing Home at Thiruvanmiyur, Chennai and taken treatment from 08.10.2007 to 10.10.2007 as inpatient for the fracture injuries sustained in his forearm. The applicant also taken treatment as outpatient for some time. Subsequently, the applicant issued a legal notice to the respondents claiming compensation, but there was no reply from the respondents. Hence the applicant preferred the proceedings before the Workmen Compensation.