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2008 Supreme(Mad) 592

R.BANUMATHI
Branch Manager, National Insurance Company Ltd. , Mettur Dam – Appellant
Versus
Venkatan & Another – Respondent


Advocates Appeared:
For the Appellant:R. Sunilkumar, Advocate.
For the Respondents:R1, V. Kumaravelan, R2, M.R. Ragavan, Advocates.

Judgment :-

Being aggrieved by the award of compensation of Rs.78,827/- by the Deputy Commissioner of Labour, Salem, Insurance Company has preferred this appeal.

2.Relevant facts which are necessary for disposal of this appeal are as follows: -

The claimant was working as cleaner in Tempo TN 29 1445 owned by the second respondent. On 15.05.1995, the tempo was driven by driver Mr.Ycob. When the vehicle was proceeding from Olapetty to Karagapalli, near Kollavi P.S., the driver applied break all of a sudden, as a result of which, the vehicle capsized. Claimant sustained grievous injuries all over his body. Immediately after the accident, the claimant was admitted for treatment in Government Qrs. Hospital, Dharmapuri and then shifted to Bangalore St.Johns Medical College, Hospital. Due to the accident, the claimant sustained crush injury in left forearm and he suffered 100% disability. The claimant was drawing wages at Rs.2,000/- p.m. and was aged 19 years at the time of accident. The first respondent workman has filed petition under Sec.22 of the Workmens Compensation Act r/w Ss.3

and 4 of W.C.Act, claiming compensation of Rs.1,37,500/- for the injuries sustained by him.

3.The second r

























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