NATIONAL INSURANCE COMPANY Vs. GANESAN

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed against the Order dated 12.09.2007, made in WC.No.94 of 2004, on the file of the Commissioner for Workmen's Compensation (Deputy Commissioner of Labour), Thirunelveli.

(2.) The appellant, Insurance Company is the second respondent in W.C.No.94 of 2004 on the file of Commissioner for Workmen's Compensation (Deputy Commissioner of Labour), Thirunelveli. The first respondent, claimant filed the said claim petition, claiming a sum of Rs. 5,00,000/- as compensation, for the injuries sustained by him in the accident that occurred on 14.11.2003, while he was working as a driver in a Mahindra Van bearing Regn. No.TN-72 A 9644 belonging to the second respondent herein.

(3.) On 14.11.2003 at 2.30 pm., the Government bus driven in a rash and negligent manner came in the opposite direction. On seeing the same, in order to avoid damage to the Mahindra Van, as well as to safeguard the passengers, the first respondent went to the left hand side of the road. At that time, Mahendra Van dashed against the electrical pole. Due to which, the first respondent as well as the occupants of the Van sustained injuries. The Mahindra Van insured with the appellant and financed by the third respondent. Hence, the first respondent filed claim petition claiming a sum of Rs. 5,00,000/- as compensation as against the second respondent as owner, the third respondent as financier and the appellant as insurer.