1. This appeal is directed against the award of the Commissioner for Workmen Compensation, Madurai. in W.C.No.260 of 1998.

2. In the application filed by the claimant, he has stated that he was working as a driver of autorickshaw owned by the first opposite party. He was receiving a monthly salary of Rs.1,000 and a daily batta of Rs.50. He was receiving a total sum of Rs.2,200 approximately as monthly salary. On 22.10.1996 he was proceeding towards Kanadukathan from Pallathur after loading the materials from the shop belonging to the first opposite party. At about 12.30p.m. when the vehicle was approaching the Government Hospital, Kanadukathan, the vehicle capsized. As a result of which the claimant suffered fracture injuries on his two legs. He was admitted in the Government Hospital and subsequently, he was shifted to Karaikudi Government Hospital and later to Madurai Meenakshi Mission Hospital. He undertook treatment as inpatient from 22.10.1996 to 9.12.1996, 22.1.1997, and from 25.2.1997 to 28.2.1997. Subsequently also, he was undergoing treatment. As a result of the disability, he was unable to perform his duties as earlier. Even though the doctor of the employer ha