K.SUGUMAR Vs. R.MURTHY

JUDGEMENT

(1.) The present Civil Miscellaneous Appeal has been filed as against the Judgment and Decree made in Workmen's Compensation Case in W.C.No.416 of 2010, dated 18.01.2013, passed by the Commissioner of Workmen's Compensation - II at Chennai.

(2.) The following substantial questions of law are involved in this Civil Miscellaneous Appeal to be decided by this Court:

(3.) The case of the appellant / claimant is that he was working as a driver in lorry bearing Registration No.TN-21, X-9799 belonging to the first respondent for the past two years and was drawing a salary of Rs.8000/- per month and Rs.60/- as batta of per day, up to the date of accident. On the faithful date of accident, i.e., on 17.10.2005 around 01.00 PM, he was driving the sand lorry from Chengalpet to Chennai, while presiding on GST Road near Keezhkarunai X-Road, met with an accident with an ongoing lorry bearing Registration No. TN-04, 2877 and due to the said accident, the lorry capsized and the appellant sustained grievous and multiple injuries. This resulted in compound fracture of both bones in the left leg, loose bones excised, fibula osteotomized and 5 cms of bone excised in reveal partial level as a part of the level which was removed, which caused permanent disability to the appellant / claimant. Due to the said injuries, he is not able to drive any vehicle as he was working earlier to the accident and as he sustained injuries in the Course of his employment and out of his employment, which entitle's him to claim damages and compensation.