JUDGMENT

(Prayer: Civil Miscellaneous Appeal filed under Section 30 of the Workmen's Compensation Act, to set aside the award dated 30.04.2015 made in W.C.No.1 of 2011 on the file of the Commissioner of Workmen Compensation (Deputy Commissioner of Labour), Tirunelveli.)

1. This Civil Miscellaneous Appeal has been filed by the second respondent Insurance Company challenging the award passed by the Commissioner of Workmen's Compensation, (Deputy Commissioner of Labour), at Tirunelveli in W.C.No.1 of 2011 on 30.04.2015.

2. The applicant workman who was employed by the first respondent sustained injuries in an accident which occurred on 03.01.2010 in the course of his employment. The applicant was working as a driver under the first respondent. The injured was earning a salary of Rs.7,000/- per month and Rs.30/- as daily batta. He was employed with the first respondent since 2008. On 03.01.2010 at about 03.00 p.m., he was driving a Tempo bearing registration No.TN-59-T-3706 belonging to the first respondent from Vellicode to Senamvilai for the purpose of unloading marble. After unload