JUDGMENT

(Prayer: Appeal filed under Section 30 on the Employees Compensation Act, 1923 to set aside the decree and judgment dated 09.12.2014, made in W.C.No.147 of 2011 on the file of the Court of Commissioner for Workmen''s Compensation-II (Deputy Commissioner of Labour-II) Madras.)

1. This Civil Miscellaneous Appeal is directed against the judgment and decree dated 09.12.2014 in W.C.No.147 of 2011 on the file of the Court of Commissioner for Workmen''s Compensation-II (Deputy Commissioner of Labour-II ), Chennai, U/s. 30 of the Employees Compensation Act, 1923

2. The case of the claimant, one, Mr.Krishnamurthy before the Deputy Commissioner of Labour was that he was employed as a driver under the 1st respondent owner of the lorry bearing Registration No.TN-20-AJ-1417, drawing a monthly salary of Rs.7500/-, apart from Rs.300/- paid on a day basis.

3. It is the clear case of the claimant that on 23.07.2009 at 06.00 p.m while climbing into the lorry near the crusher unit at Thirumalai granite quarry in order to drive the vehicle to get a load of black metal, the claimant slipped and fell down into a ditch which was filled with granite stone and sustained a fracture on his left thigh be