S.M.SUBRAMANIAM
Divisional Manager, National Insurance Company Limited, Namakkal – Appellant
Versus
V. Subramani – Respondent
JUDGMENT :
(Prayer: Civil Miscellaneous Appeal is preferred under Section 30 of the Workmen Compensation Act, against the Award dated 22.05.2017 made in W.C.No.36 of 2016 on the file of the Deputy Commissioner of Labour, Coonoor.)
1. The Award dated 22.05.2017 passed in W.C.No.36 of 2016 by the Deputy Commissioner of Labour, Coonoor, is under challenge in the present Civil Miscellaneous Appeal.
2. The question of law mainly raised is the liability fixed by the Deputy Commissioner of Labour on the appellant-Insurance Company is in accordance with law or not.
3. The accident occurred while the claimant collected the documents from the Police Station and crossing the road. While crossing the road, the Motorcycle bearing Registration No.MP 06 ME 6495 rashly driven, dashed against the first respondent and caused the accident. Thus, it is contended that the insured lorry is no way connected with the accident and the said factum is admitted by the claimant in the application itself.
4. The Insurance Company filed counter, disputing the liability mainly on the ground that the vehicle insured with the appellant-Insurance Company had not met with an accident at all. Therefore, the Insurance Comp
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