JUDGMENT :

(Prayer: This Civil Miscellaneous Appeal is filed under Section 30 of Workman Compensation Act, against the award dated 28.11.2012 made in W.C.No.260 of 2010, on the file of the Commissioner of Workmen Compensation (Deputy Commissioner of Labour), Trichy.)

1. This Civil Miscellaneous Appeal is filed against the award, dated 28.11.2012, made in W.C.No.260 of 2010, on the file of the Commissioner of Workmen Compensation (Deputy Commissioner of Labour), Trichy.

2. The appellant herein is the second respondent, the first respondent herein is the claimant and the second respondent herein is the first respondent in the original claim petition. The first respondent herein / claimant filed a petition in W.C.No.260 of 2010.

3. Brief substance of the petition in W.C.No.260 of 2010, is as follows:-

The petitioner was working as a load man in a vehicle that belonged to the first respondent bearing Registration No.TN-52-A-1959. On 26.07.2010, when the petitioner was unloading Marble stones for the construction work, the driver of the Vehicle suddenly moved the vehicle and the Marble stones fell on the petitioner and he sustained injuries. He took treatment in Musiri Government Hospital, t