1. The appellant / third opposite party has preferred the present appeal against the Order dated 22.10.2008, made in W.C.No.114 of 2006, on the file of the Commissioner for Workmen's Compensation-1 / Deputy Commissioner of Labour-1, Chennai-6.

2. The short facts of the case are as follows:-

The applicant had filed a claim petition in W.C.No.114 of 2006, on the file of the Commissioner for Workmen's Compensation-1/Deputy Commissioner of Labour-1, Chennai-6, claiming compensation of a sum of Rs.5,00,000/-from the opposite parties for the injuries sustained by him in an accident arising out of and while doing his duty under the employment of the first opposite party.

3. It was submitted that the applicant was working as a Driver under the first opposite party and that he was the driver of the Ashok Leyland Vehicle bearing chassis/engine No.MDE563814/MDH 333418 (Model 1613H/I), belonging to the second respondent. Further, it was submitted that on 12.09.2005, at about 03.00 p.m., when he was driving the vehicle near Guntur Veeravathanam bridge, some buffaloes had suddenly crossed the road and hence the applicant, in order to avoid collision of vehicle with the buffaloes, had