1. Being aggrieved by the award made in W.C. No. 274 of 2004, dated 19.12.2005 on the file of the Commissioner for Workmen‘s Compensation-2/Deputy Commissioner of Labour-2, Chennai, the appellant-Insurance Company has filed this appeal.

2. According to the respondent/applicant, he was working as a Casual Labourer under the 1st Opposite Party and that on 11.3.2003, while he was working at the factory, fell down and sustained fracture of both his legs. He was treated as inpatient in Stanley Medical College Hospital, Chennai, for two days. On the compulsion of his employer, he was discharged against medical advice and took treatment in a private hospital. , At the time of accident, he was 25 years old. Due to the fracture, he has lost his job. He claimed compensation of Rs. 4,00,000/-.

3. The second opposite party, the appellant-Insurance Company denied the manner of accident and the employment of the applicant. They put the applicant to prove the accident, nature of injuries and also as to whether the accident arose out of and in the course of employment. Without prejudice to the above, they disputed the age, occupation and wages of the applicant.

4. Before the Commissioner for