BRANCH MANAGER NATIONAL INSURANCE CO LTD Vs. SIVAKAMI

JUDGEMENT

(1.) THE appeal has been filed by the appellant insurance company against the award passed by the Commissioner for Workmen's Compensation in W.C. No. 418 of 2005 filed under sections 10 and 22 of the Workmen's Compensation Act by the claimant.

(2.) THE case of the respondent No. 1-claimant before the Commissioner was that deceased workman, Thangavel, was working as a driver under the respondent No. 2 (owner) herein in his Maruti Omni bearing registration No. TN 38-F 3220. On 17.1.2005, the deceased, during the course of his employment, was driving the vehicle from Coimbatore to Namakkal, which suddenly dashed against a roadside tree and due to that the workman was injured. Immediately, the workman was taken to Dr. Rex Hospital, R.S. Puram, Covai and he died in the hospital.

(3.) APART from that there was another defence taken in the counter statement that the accident had taken place on 17.1.2005 and it was reported to the police only on 21.1.2005. There was a further plea in para 7 of the counter statement that daughter and son of the deceased were not made as parties to the claim petition.