J U D G M E N T

The present Civil Miscellaneous Appeal has been filed by the appellant/ Insurance Company challenging the award passed in W.C.No.50 of 2006, on the file of the Deputy Commissioner of Labour, under the Workmen Compensation Act, at Thiruchirapalli.

2. The first respondent/petitioner herein, who was working as a load women in a Tipper Lorry owned by the second respondent/first respondent and insured with the appellant/second respondent, had sustained injuries due to the fact that the driver of the Lorry had suddenly reversed the vehicle without noticing the claimant.

3. According to the claimant, she is a workmen under the second respondent/first respondent and therefore she is eligible to claim a compensation under the Employees Compensation Act, 1923. Hence, she claimed compensation of a sum of Rs.5,00,000/- (Rupees Five Lakhs only).

4. The Insurance Company had filed a counter contending that pre-

claim statutory notice as contemplated under Section 10 of the Employees Compensation Act, has not been issued and the claimant is not a workmen. Further, the Insurance Company has contended that the claimant herself was negligent in not running away from the vehicle which was