BRANCH MANAGER, ORIENTAL INSURANCE CO LTD Vs. RAJKUMAR

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed against the order passed in W.C.No.389 of 2006, dated 05.02.2009, on the file of the Deputy Commissioner for Workmen's Compensation, Tiruchirappalli.

(2.) The appellant is the second respondent in W.C.No.389 of 2006. The first respondent herein has filed the above W.C. stating that while he was in the service of the second respondent as loadman in the load auto, bearing Registration No.TN-55-0525, near Rayavaram, met with an accident and sustained multiple injuries all over his body. Immediately, he was admitted in the Government Hospital, Pudukkottai, and subsequently, he took treatment in a private hospital. At the time of accident, the first respondent was aged 20 years and he was getting Rs. 6,000/- per month as salary. Due to the accident, he could not do the work as loadman, as done by him before the accident and suffered permanent disability. Since the accident had occurred during and in the course of employment, the second respondent as owner and the appellant as insurer, are liable to pay compensation to the first respondent.

(3.) The second respondent herein filed counter statement and contended that the first respondent himself fell down from the load auto and sustained injuries. The second respondent denied the monthly income claimed by the first respondent. The second respondent also stated that the compensation claimed is excessive. The vehicle is insured with the appellant Insurance Company and prayed for dismissal of W.C. against the second respondent.