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2008 Supreme(Mad) 302

R.BANUMATHI
N. Senthilkumar – Appellant
Versus
S. Ramesh and Another – Respondent


Advocates Appeared:
U. Anandamoorthy, for N. Manokaran, for Appellant.
R. Subbiah, for Respondent No. 2.

Judgment :

R. BANUMATHI, J.

Being aggrieved by the award of compensation of Rs. 93,990/-under Workmens Compensation Act, directing the first respondent-Employer to pay the Compensation, Claimant has preferred this Appeal.

2. Brief facts giving rise to this Appeal are as follows:

(i) On 24.2.2001 e 3. p.m. the Claimant drove the Mini Auto from Coimbatore to Salem N.H. and when the Mini Auto was proceeding near Vaikkalmedu, it was hit from behind by the lorry bearing Regn. No. PY 4-8184. Due to the accident. Claimant sustained serious head injury and fracture at his 6th and 7th ribs, left leg knee, thigh and lacerated injury all over the body. The Claimant was taken to Government Hospital, Erode, where first aid treatment was given and he was referred to a Private Hospital, Erode, for better treatment. Alleging that he sustained injuries arising out of and in the course of employment, the Claimant has filed the Claim Petition under Workmens Compensation Act claiming compensation of Rs. 2,00,000/-.

(ii) Opposing the claim, the second respondent-Insurance Co. has filed counter affidavit denying its liability on the ground that there was violation of policy condition as he had driven t






















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