NATIONAL INSURANCE COMPANY LTD Vs. C. RAMUDU

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is directed against the order of the Commissioner for Workmen's Compensation and Deputy Commissioner of Labour, Anantapur (hereinafter called as the 'Commissioner') in W.C.Case No.15 of 2003 dtd. 30/11/2009.

(2.) The insurer of the Tractor-Trailor bearing No.AP 02 U 2975 and 2976 belonging to the 2nd respondent herein is the appellant. The 1st respondent herein is the injured/applicant.

(3.) According to the respondent No.1/applicant, in the application before the Commissioner for Workmen's Compensation at Anantapur, he was a workman employed by a contractor. On 5/4/2001, the applicant went to coolie work along with other coolies in the above tractor-trailor for loading and unloading of 20 mm metal. At about 10.00 a.m., near Murali Stone Crush Unit, due to the rash and negligent driving of driver, the tractor-trailor was turned turtle to its right side. Due to the said accident, the applicant was sustained grievous injuries i.e., (1).An abrasion of 1/2" X 1/2" over nose bleeding present, (2).An abrasion of 1" x 1" over right cheek, bleeding present; and (3).Pain and tenderness over left thigh and public region and pelvis with both hips fracture of right interior public ramus present. The Doctor opined that the injuries 1 and 2 are simple and injury No.3 is grievous in nature. He spent Rs.20,000.00 for treatment and he became permanently disabled. On his complaint, a case was also registered against the driver of the said vehicle. Contending that the applicant sustained the injuries during and in the course of employment, compensation of Rs.1,00,000.00 was claimed by him against the respondent No.1 and the appellant herein.