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2007 Supreme(Mad) 2498

A.P.SHAH, JYOTHIMANI
A. Subramani – Appellant
Versus
The Management of Tamil Nadu State Transport Corporation, Udagamandalam & Another – Respondent


Advocates:
For the Appellant:R. Sunil Kumar, Advocate. For the Respondents:R1, C. Kanagaraj, Advocate.

Judgment :-

A.P. Shah, C.J.

Admit. Learned counsel appearing for the first respondent Corporation waives service. By consent, the appeal is taken up for hearing.

2. The appellant was working as a Conductor in the first respondent- Tamil Nadu State Transport Corporation. On 19. 1996, when the appellant was on duty on the route from Mettupalayam to Coimbatore, he fell down from the running bus and received grievous injury on his head. The appellant was in coma for a period of 45 days and he had to undergo medical treatment for nearly four months. The appellant thereafter joined the service and he was referred to the Medical Board at Udhagamandalam Government Hospital, which opined that he is unfit to take up the work involving prolonged standing or walking. Consequently, the first respondent Corporation issued a notice to the appellant that he has become disabled and, therefore, he should be discharged from the post of Conductor and accordingly discharged him from service on 29. 1998. The appellant filed a claim petition under the provisions of the Workmens Compensation Act in W.C.No.205 of 1999, before the Deputy Commissioner of Labour, Coimbatore. The Deputy Commissioner vide his
















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