JUDGMENT

nd The Appellant / 2 Respondent / Insurance Company has filed this Civil Miscellaneous Appeal against the award dated 29.01.2009 passed in W.C.No.35 of 2007 by the learned Workmen's Compensation Commissioner-cum-Deputy Commissioner of Labour, Tirunelveli.

2. Brief facts of the petition filed by the petitioner before the Tribunal are as follows:

st (a) The petitioner was employed with the 1 respondent as a driver of an auto bearing Registration No.TN 57 J 3538 belonging to the 1^st respondent and received a salary of Rs.4500/- and batta Rs.50/- per day. On 15.01.2006, while he was driving the auto carrying material for hire plying, the vehicle capsized at Dindigul-Batlagundu bye-pass road near roundana. As a result of the accident the petitioner sustained grievous injuries on his head and sustained bone fracture on his head and suffered a blood clot to the skull .

(b) A case was registered before Dindigul Taluk Police Station in Crime No.39 of 2006 and the same is pending. At the time of accident, he was aged about 28 years. Since the accident occurred during the course of employment, the petitioner was admitted as inpatient in the Government Hospital, Dindigul and underwent tr