UNITED INDIA INSURANCE COMPANY LIMITED Vs. E SAMBASIVANANDAN

JUDGEMENT

(1.) THE appellant/second opposite party has filed this civil miscellaneous appeal No. 1033 of 2005 against the award passed in W.C.No,379 of 2003 dated 24.01.2005 by the Workmen Compensation Commissioner, Salem, awarding a compensation of Rs.1,84,321/-.

(2.) THE respondent/applicant has filed a claim petition claiming a total compensation of Rs.5,00,000/. THE Tribunal had awarded a compensation of Rs.1,84,321/-. Aggrieved by the said order, the appellant/United India Insurance Company Limited has filed this appeal and challenged the quantum of compensation.

(3.) THE second opposite party in his counter has denied all the allegations made by the applicant. It was further contended that in the said accident, the applicant has sustained only simple injuries and recovered completely and attending his work normally as before the accident. THE applicant has further asked to prove injuries sustained by him by way of documentary evidence. Further, it was claimed that there was no employer/employee relationship between the applicant and the first opposite party and hence the second opposite party is not liable to pay any compensation to him. Further, the age, income of applicant was denied. Further, the amount claimed by applicant is excessive and that the applicant is not entitled for it. Hence it was prayed that the petition should be dismissed with costs.