N.PALANIAPPAN Vs. V.R.DURAISAMY

JUDGEMENT

(1.) The Civil Miscellaneous Appeal has been filed by the appellant against the order dated 28.07.2012 made in W.C.No.530 of 2006 on the file of Deputy Commissioner of Labour, Salem.

(2.) The claimant is the appellant before this Court. The claimant was employed as a driver of lorry bearing Registration No.HR-66-A- 9259 under the 1st respondent. On 03.04.2006 at around 5.00 a.m., while he was sleeping on the lorry suddenly fell down and suffered fracture in his left leg, hip and grievous injuries all over the body. He was admitted in the hospital and was treated as an inpatient from 03.04.2006 to 24.04.2006. After undergoing surgery at Sushila Hospital Barmathi, he was admitted in CMC Hospital, Vellore on 05.12.2007 for further treatment. In view of the hip replacement surgery and other injuries, he could not continue to work as a driver and cannot stand for a long time, sit, and walk. Due to the injuries, he cannot earn for his livelihood. Hence, the appellant filed the petition for compensation under Employees Compensation Act. He was paid monthly salary of Rs.6,000/- and Rs.100/- as daily batta, totally Rs.9,000/- per month. Therefore, he claimed a compensation of Rs.6,00,000/-.

(3.) The 1st respondent admitted the employment and the accident had happened on 03.04.2006, but denied the salary part of it. According to the Employer, he paid a sum of Rs.3,000/- as monthly salary and daily batta of Rs.100/-. Since the vehicle is covered by the Insurance, the 2nd respondent/Insurance Company is liable to pay the compensation. The 2nd respondent/Insurance Company denied the manner of the accident, injuries and the compensation of the claimant.