JUDGMENT :

(Prayer: Civil Miscellaneous Appeal filed under Section 30 of Workmen’s Compensation Act, 1923 against the order passed in W.C. No. 731 of 2006, dated 30.10.2009, on the file of the Workmen Compensation Commissioner, Deputy Commissioner of Labour, Salem.)

1. The award passed in W.C. No. 731 of 2006 dated 30.10.2009 is under challenge in the present Civil Miscellaneous Appeal.

2. The first respondent one Pazhaniappan was working as a Lorry Driver with the second respondent, who is the owner of the vehicle bearing registration No. HR-63-A-9797. On 23.05.2006, the first respondent/Mr.Pazhaniappan was driving the vehicle which belongs to the second respondent from Tamil Nadu to Silvasa. At about 6.15 p.m., the first respondent parked the said vehicle opposite to Kounduskar Petrol Pumb at Gokul Shirgon M.I.D.C., on the left side of the Tamil Nadu to Mumbai Highway. After parking the vehicle, the first respondent/driver had gone to the Petrol Pumb for punching the card. While passing the road on Pune to Bangalore Highway, one motor cycle bearing Registration No. MH-09-AA-2475 driven by its driver in a rash and negligent manner came from the wrong side of the Pune to Bangalore Hi