SYED BASHA Vs. GORIA MADHUSUDAN REDDY

JUDGEMENT

(1.) The present Civil Miscellaneous Appeal has been filed against the Award dated 24.03.2016 made in W.C.No.287 of 2011 on the file of the Commissioner for Workmen's Compensation-II (Deputy Commissioner of Labour-II) Chennai.

(2.) The appellant Mr.Syed Basha aged about 30 years, was engaged by the first respondent as Driver of the Eicher Van bearing Registration No.AP-02-Y-1772 and while he was on duty on 24.03.2011, the said vehicle met with an accident near Thamal West Bye Pass Road in Chennai to Bangalore National Highway by dashing against a Stationary Lorry bearing Registration No.TN-01-L-6226, as a result he sustained grievous multiple injuries and fractures all over his body. Therefore he filed the claim petition before the Deputy Commissioner of Labour-II, Chennai in W.C.No.287 of 2011 claiming a compensation of Rs.10,00,000/- on the ground that the accident occurred during the course of his employment. The Deputy Commissioner of Labour-II, Chennai passed an award on 24.03.2016 directing the second respondent Insurance company, being the insurer of the Eicher Van bearing Registration No.AP-02-Y-1772 owned by the first respondent, to deposit the compensation of Rs.4,97,102/-, within a period of thirty days from the date of receipt of a copy of the award, failing which the second respondent is liable to pay simple interest at the rate of 12% per annum on the compensation amount after 30 days from the date of accident till the date of deposit. Aggrieved over the same, the present appeal has been filed.

(3.) When the matter was posted before this Court on 29.04.2016, while admitting the above appeal, the following substantial question of law have been framed: